DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 5336-02
25 November 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material considered by the Board consisted of
your application, together'with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Marine Corps on 5 May
1981 after more than two years of prior active service.
The
record reflects that you received three nonjudicial punishments
and were convicted by a summary court-martial.
The offenses
included unauthorized absences totalling 29 days, and use and
possession of marijuana.
Prior to submitting this request you conferred with a
On 26 February 1987 you submitted a written request for an other
than honorable discharge in order to avoid trial by court-martial
for an unauthorized absence,
from 20 January 1985 to 24 January
1987.
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge.
result of this action,
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
than honorable discharge on 18 March 1987.
Your request was granted and, as a
court-
you were spared the stigma of a
You received the other
The Board believed that considerable clemency was
and your four prior disciplinary
such as your youth and immaturity
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contentions you made in the attachments to your
However, the Board found that these factors were
application.
not sufficient to warrant recharacterization of your discharge
given your request for discharge to avoid trial for a two year
period of unauthorized absence,
actions.
extended to you when your request for discharge to avoid trial by
court-martial was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge.
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now.
the Board concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
Further, the Board concluded that you received the
Therefore,
The names and
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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