DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
, ARLINGTON, VA 22204-2490
SUN
Docket No: 8879-13
1 October 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 30 September 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
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps Reserve and began a period of
active duty 23 June 1980. The Board found that on 27 May 1983,
you submitted a written request: for an other than honorable (OTH)
discharge in order to avoid trial by court-martial for two
specifications of wrongful use of marijuana. Prior to submitting
this request for discharge, you conferred with a qualified
military lawyer, were advised of your rights, and warned of the
probable adverse consequences of accepting such a discharge.
Subsequently, your request for discharge was granted and, on
16 June 1983, 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 youth, 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 wrongful drug
use. The Board believed that considerable clemency was extended
to you when your request for discharge was approved. The Board
also concluded that you re¢teived 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 te have the
Board reconsider its decision upon submission of new and material
evidence within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
- prior to making its decision in your case. 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.
Singerely,
ROBERT J. O'NEILL
Executive Director
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