DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN ;
Docket No: 04256-12
14 March 2013
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 12 March 2013. 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 17 September 1980. The Board found that although your
record is incomplete, a.medical entry states, in part, that on
13 May 1985, you barricaded yourself and girifriend, at the time,
in a guard station at the United States Embassy in Oslo, Norway.
After approximately 15 hours of refusing to allow personnel to
-either pass into the Embassy or allow your girlfriend to leave
the Embassy guard station, you gave yourself up peacefully.
The report further states that when you faced the possibility of
going to a court-martial, and imprisonment was mentioned, you
became suicidal or at least made suicidal gestures to the point
of making a noose and putting it in your room, and hiding a razor
blade in a book. Finally, that you continued to express suicidal
ideation at the prospect of being returned to the United States
for possible incarceration. It appears that due to this incident
at the Embassy, you submitted a written request for an other than
honorable (OTH) 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. Subsequently, your request for
discharge was granted and you were discharged on 13 August 1985
with an 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 record
of service, Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge .
given what it appears to be your misconduct at the Embassy that
resulted in charges being preferred to a court-martial, 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 Marine Corps when your request for
discharge was granted and should not be permitted to change it
now. Accordingly, your application has been denied. i The names
and votes of the members of the pdnel 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,
W. DEAN PFERFF .
Executive Direc
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