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NAVY | BCNR | CY1999 | 00649-99
Original file (00649-99.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAVY ANNEX 

WASHINGTON DC  20370-5100 

TJR 
Docket No:  694-99 
23 July 1999 

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 13 July 1999.  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 
in justice. 

The Board found you enlisted in the Marine Corps on 25 August 
1981 at the age of 21.  Your record reflects that on served for 
two years without incident but on 7 February 1983 you received 
nonjudicial punishment  (NJP) for a 42 day period of unauthorized 
absence  (UA).  The punishment imposed was correctional custody 
for 30 days and reduction to paygrade E-1, all of which was 
suspended for six months.  On 28 February 1983 the foregoing 
suspended reduction to paygrade E-1 was vacated due to your 
continued misconduct. 

Subsequently, on 11 May 1983, you were issued an other than 
honorable discharge by reason of misconduct due to drug abuse. 
The record does not contain any documents pertaining to your 
separation processing, or the underlying drug abuse. 

The Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your youth and immaturity, good post service conduct and your 
contention that you would like your discharge upgraded.  The 

Board also considered your contention that your period of UA was 
beyond your emotional and mental control.  Further, the Board 
considered your children and family services documentation, 
foster care licenses, and educational certificates.  However, the 
Board concluded these factors were not sufficient to warrant 
recharacterization of your discharge given your misconduct.  It 
appears that in addition to the period of UA, you were guilty of 
some sort o drug abuse, for which discharge under other than 
honorab,le conditions is authorized.  Given all the circumstances 
of your case, the Board concluded your discharge was proper and 
no change is warranted.  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, 

W.  DEAN PFEIFFER 
Executive Director 



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