DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 13224-09
3 September 2010
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 1 September 2010. The names and votes of the
members of the panel will be furnished upon request. 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 and began a period of active
duty on 16 August 1979 at age 19. You received nonjudicial
punishment (NJP) on two occasions for wrongful possession of 3.6
grams of marijuana, disobeying a lawful order, and assault. On
3 March 1983 you were notified of pending charges for
unauthorized absence (UA) from your unit for a period of seven
days, failure to go to your appointed place of duty, disobeying a
lawful order from your commanding officer, insubordinate conduct
toward a noncommissioned officer and wrongful use of marijuana
and amphetamines. You submitted a written request for an other
than honorable (OTH) discharge in order to avoid trial by court-
martial for the foregoing charges. Prior to submitting this
request you conferred with a qualified military lawyer at which
time you were advised of your rights and warned of the probable
adverse consequences of accepting such a discharge. On
13 December 1977 your request was granted and the commanding
officer was directed to issue you an OTH discharge. 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. On 4 March 1983 the separation
authority approved the recommendation. On 27 April 1983, you
were convicted by civil court in Iwakuni, Japan of violation of
the Stimulant Drug Control Law, by smoking amphetamines. You
were sentenced to imprisonment at forced labor for 10 months and
total court costs, however the confinement was suspended for
three years. On 27 July 1983, you were discharged under OTH
conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given the seriousness of your misconduct that resulted in two
NJPs, a civil conviction and request for discharge. 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 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,
len
W. DEAN PFEIERFE
Executive Di
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