DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 10775-07
21 August 2008
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 op 20 August 2008. 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.
On 21 March 1983, you enlisted in the Marine Corps at age 19
and served without incident for more than 26 months. On
19 June 1985, you had nonjudicial punishment for use of
Marijuana. On 2 August 1985, you completed a substance abuse
counseling program. You were also counseled regarding your
misconduct and warned that further infractions could result in
disciplinary action or an other than honorable (OTH) discharge.
Based on the information currently contained in the record, on
3 January 1986, you requested an OTH discharge for the good of
the service to avoid trial by court-martial for unspecified
misconduct. At that time, you consulted with counsel and
acknowledged the consequences of receiving such a discharge.
On 21 January 1986, the separation authority approved your
request for an OTH discharge. On 31 January 1986, you were
separated with an OTH discharge for the good of the service to
avoid trial by court-martial. 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, carefully
considered all potential mitigation, such as your youth, desire
for a better discharge, and period of good service.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to your misconduct that continued after you were warned that
further infractions could result in disciplinary action or an
OTH discharge. Furthermore, the Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved. The
Board also concluded that you 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.
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,
(Re
FO W. DEAN PFEIFFER
Executive Director
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