DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 5604-01
31 January 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 23 January 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps on 27 August
1981 at the age of 18.
Your record reflects that on 16 April 1982 you began a 835 day
period of unauthorized abuse (UA) that was not terminated until
30 July 1984.
While in this UA status you were also declared a
On 21 September 1984 you submitted a written request
deserter.
for an undesirable discharge in order to avoid trial by
court-
martial for the foregoing period of UA.
Your record shows that
prior to submitting this request, you conferred with a qualified
military lawyer at which time you were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge.
and your commanding officer was directed to issue you an other
than honorable discharge.
As a result of this action, you were
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
On 22 October 1984 you were issued an other than honorable
discharge.
Subsequently, your request for discharge was granted
The Board also
you would not have committed
However, the Board
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and post service conduct.
considered your contention that had you received treatment for
your mental health problems,
misconduct while serving in the Marine Corps.
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge given the serious
nation of your lengthy period of UA which resulted in your
request for discharge to avoid trial.
there is no evidence in the record, and you provided none, to
support your contention.
The Board believed that considerable
clemency was 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.
received the benefit of your bargain with the Marine Corps when
your request for discharge was granted and you should not be
permitted to change it now.
been denied.
Further, the Board concluded that you
Accordingly, your application has
Also, the Board noted that
The names and votes of the members of the panel will be furnished
upon request.
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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