DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8603-06
17 July 2007
Dear SR meics
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 17 July 2007. 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 23 April 1984 at age 17 and
served without disciplinary incident until 14 January 1986, when
you received nonjudicial punishment (NJP) for wrongful
possession of marijuana and were awarded reduction to paygrade
E-2 and a $500 forfeiture of pay.
On 13 January 1987, you received NUP for a two day period of
unauthorized absence (UA) and were awarded a $180 forfeiture of
pay and restriction and extra duty for 14 days.
Your record contains two drug and alcohol reports dated 23
January and 6 February 1987. Both reports reflect that during
the period from 29 December 1986 to 22 January 1987 your urine
tested positive on two occasions for marijuana. As a result, on
15 April 1987, you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
two specifications of wrongful possession and use of marijuana.
Prior to submitting this request for discharge, you conferred
with a qualified military lawyer, were advised of your rights,
and warned of the probable adverse consequences of accepting
such a discharge. On 1 May 1987 your request for discharge was
granted, and on 11 May 1987 you received an other than honorable
discharge in lieu of trial by court-martial. As a result, 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 and assertion that you are a veteran in name only,
and are ineligible for benefits. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive drug related misconduct, and your request for
discharge. 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,
\Ddwe.
W. DEAN PFE
Executive Di xr
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