DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 7221-01
6 September 2002
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
Augu%t 2002. Your allegations of error and
session, considered your application
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
on. 22
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.
good of
The Board found that you were discharged from the Marine Corps on 9 July 1976, with a
discharge under other than honorable conditions, pursuant to your resignation for the
the service to escape trial by court-martial for multiple serious offenses. The offenses
included attempted escape from custody, disobedience of lawful orders, wrongfully using
provoking and reproachful words, unlawfully striking two children, your wife and a military
policeman, conduct unbecoming an officer, and being drunk in quarters. You had a previous
nonjudicial punishment, as well as a conviction by general court-martial of wrongfully
borrowing money from an enlisted man, and dishonorable failure to maintain sufficient funds
for the payment of six checks. Although there is evidence indicating that you had an alcohol
problem at that time, there is no indication that you were suffering from post traumatic stress
disorder, or that you were not responsible for your actions. The Board concluded that given
your extensive disciplinary record, your service was properly characterized with a discharge
under other than honorable
In addition, it noted that the acceptance of your
resignation precluded much ntore severe penalties for your misconduct, such as dismissal,
The Board was not persuaded that it
confinement, and forfeiture of pay and allowance.
vnditions.
would be in the interest of justice to recommend that your discharge be upgraded.
The Board did not consider your recent request for correction of your record to show that you
were held as a prisoner of war for a period of 93 days.
Commandant of the Marine Corps and request that an administrative review of your claim be
conducted. If you are not satisfied with the results of that review, you may apply to the
Board.
You must first contact the
In view of the foregoing, your application has been denied. 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
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