DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
791 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22294-2490
- SIN ae
Docket No: 6705-13
30 July 2014
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 29 July 2014. 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
Co establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 13 December 1984. The Board found that on 15 August
1985, you received nonjudicial punishment (NJP) for two instances
of disobedience by not surrendering you military identification
card when ordered. On 28 August 1986, you received a second NIP
for wrongful use of marijuana. On 20 February 1987, you
submitted a written request for an other than honorable (OTH)
discharge in order to avoid trial by court-martial for wrongful
use of marijuana and phencyclidine (PCP). 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
20 March 1987, you received 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 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 your two NJP’s, one of
which involved the wrongful use of marijuana, charges being
preferred to a court-martial for serious offenses, 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. 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,
TA QOD EQ
ROBERT D. SALMAN
Acting Executive Director
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