DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASHINGTON DC 20370-5100
Docket No: 10738-10
18 August 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 17 August 2011. 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 ail 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 Navy and began a period of active duty on 12
August 1980. On 18 September 1981, you received nonjudicial
punishment (NJP) for standing an improper watch. On 26 August
1983, you received NUP for dereliction ef duty... On.11 January
1984, you received NJP for wrongful use of marijuana. On 9
August 1984, you were convicted by a special court-martial (SPCM)
of wrongful use of marijuana. You were sentenced to forfeiture
of $397, reduction in pay grade, and confinement at hard labor
for 30 days. Your record is incomplete, but apparently, you
requested an administrative discharge in order to avoid trial by
court-martial. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and were warned of the probable adverse consequences
of accepting such a discharge. Your request for discharge was
granted and on 22 October 1984, you received an other than
honorable (OTH) discharge in lieu of 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 application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of because of your three NUP’s,
conviction by one SPCM, and request for discharge. The Board
believed that considerable clemency was extended to you when your
request for discharge was approved. The Board also concluded
that you received the benefit of your bargain with the Navy when
your request for discharge was granted and should not be
permitted to change it now. Further, you are advised that there
is no provision in the law or Navy regulations that allows for
recharacterization of your discharge automatically due solely to
the passage of time. 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,
No Susans!
W. DEAN PFEIRF
Executive Di
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