DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 03771-11
27 January 2012
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 24 January 2012. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Roard. 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 17 April 1986. The Board found that on 22 March 1988,
you were convicted by summary court-martial (SCM) of wrongful
use of marijuana. You received a reduction in paygrade,
restriction, and extra duty. On 28 March 1988, you were
counseled regarding your frequent involvement in drug and
alcohol-related incidents. You were warned that further
misconduct could result in administrative discharge action. On
12 September 1988, you submitted a written request for an other
than honorable discharge in order to avoid trial by court-
martial for two periods of unauthorized absence totaling 31
days. 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. Subsequently, your request for
discharge was granted and, on 16 September 1988, you received an
other than honorable 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
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given your SCM, and the fact that you were warned
of the consequences of further misconduct. 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 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,
Lb Doe 0:
W. DEAN PFET
Fxecutive Directo
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