DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 3252-11
13 January 2012
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 12 January 2012. 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 Navy on 30 October 1974 at age 22. Less than
two week later, on 11 November 1974, you received nonjudicial
punishment (NUP) for failure to obey a lawful order and
disrespect. The punishment imposed was correctional custody for
seven days and a $75 forfeiture of pay.
On 18 July 1975 you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
wrongful possession of marijuana, failure to go to your appointed
place of duty, and disobedience. 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 31 July
1975 your request was granted and the commanding officer was
directed to issue you an other than honorable discharge by reason
of the good of the service. 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 7 August 1975 you were issued an other than honorable
discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct which
resulted in NUP and your 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. Further, the Board concluded that you received the
benefit of your bargain with the Navy when your request for
discharge was granted and you should not be permitted to change
it now. Accordingly, your application has been denied.
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,
Wo Naat
W. DEAN PFEEF
Executive r or
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