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NAVY | BCNR | CY2005 | 09516-05
Original file (09516-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
          2NAVY ANNEX    
WASHINGTON DC 20370-5100

                  SJN
                  Docket No: 09516-05
                                     9 May 2006









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 session, considered your application on 3 May 2006. Your allegations of error and 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.

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.

You enlisted in the Marine Corps on 29 June 1981 at age 17. During the period from 9 December 1981 to 2 September 1982 you received five nonjudicial punishments (NJP’s) for disobedience, possession of marijuana seeds, a three-day period of unauthorized absence (UA), threatening a sentry in the execution of his dutyies, and wrongfully urinating outside a sentry booth.
Although the record is incomplete in that it does not contain the documents pertaining to administrative separation, it appears that you submitted a request for discharge in lieu of trial by court-martial for stealing a camera from your roommate. Prior to submitting this request for discharge, you would have conferred with a qualified military lawyer, been advised of your rights, and warned of the probable adverse consequences of accepting such a discharge.




It also appears that the request for discharge was granted because on 13 April 1983 you received an other than honorable discharge for the good of the service to escape trial. 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.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted in five NJP’s and especially your request for discharge to avoid trial for a serious offence. The Board believed that considerable clemency was extended to you when your request for discharge was approved since, by this action, you escaped the possibility of confinement at hard labor and a punitive discharge. The Board also concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and should not be permitted to change it now. Accordingly, 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 PFIEFFER
Executive Director

















2

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