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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