DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8180-09
8 June 2010
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 8 June 2010. 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. The Board also considered
the report of the Naval Discharge Review Board (NDRB), dated 29
September 2008, a copy of which is attached.
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. In this regard, the Board substantially
concurred with the report of the NDRB.
The Board found that you entered active duty in the Marine
Corps on 8 December 1984. You received nonjudicial punishment
for driving under the influence of alcohol and conduct
unbecoming an officer and a gentleman. On 6 January 2000, you
requested an other than honorable (OTH) discharge for the good
of the service to avoid trial by court-martial for an orders
violation and conduct unbecoming an officer and a gentlemen.
At that time, you consulted with qualified military counsel and
acknowledged the adverse consequences of receiving such a
discharge. The separation authority approved your request FOL
an OTH discharge. On 7 April 2000, 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 post service
good conduct, character references, and current desire to serve
in a reserve component. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge due to your serious misconduct. Furthermore,
the Board believed that considerable clemency was extended to
you when your request for discharge to avoid trial by court-
martial was approved. It was also clear to the Board 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. In view of the above, 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. effie1al
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,
WAT
W. DEAN PFEIF
Executive Dir
Enclosure
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