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NAVY | BCNR | CY1999 | 02565-99
Original file (02565-99.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 

ELP 
Docket No. 2565-99 
6 September 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 1 September 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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that you enlisted in the Marine Corps on 
1 October  1981 for  three  years  a t  age 18.  The record  reflects 
that you were advanced to LCPL (E-3) and served without incident 
until 31 August 1982 when you received nonjudicial punishment 
(NJP) for use of marijuana.  Punishment imposed was a reduction 
in rank to PFC (E-2), forfeitures of $309 per month for two 
months, and 30 days of correctional custody.  However, you were 
advanced again to LCPL on 1 May 1983. 

On 4 November 1983 you received a second NJP for possession of 
marijuana.  Punishment consisted of a reduction in rank to PFC 
and forfeitures of $320 per month for two months. 

The discharge processing documentation is not on file in your 
record.  However, the record does show that on 16 November 1983 
the commanding officer recommended your discharge under other 
than honorable conditions by reason of misconduct due to drug 
abuse.  The discharge authority directed discharge under other 

than honorable conditions by reason of misconduct and you were 
informed that you were not recommended for reenlistment due to 
drug abuse.  You were discharged under other than honorable 
conditions on 14 December 1983. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors such as your youth and immaturity, 
regret for the actions which led to your discharge, the letters 
of reference attesting to your academic achievements since your 
discharge, and the fact that it has been nearly 16 years since 
you were discharged.  The Board concluded that the foregoing 
factors were insufficient to warrant recharacterization of your 
discharge given your record of two NJPs for use or possession of 
marijuana.  In this regard, the Board noted the aggravating 
factor that you were a repeat offender.  This demonstrated a 
willful disregard for the Marine Corpls drug policy and 
discipline.  It appeared to the Board you had to be aware of the 
consequences of further drug offenses, but failed to learn from 
your first disciplinary experience.  The Board noted you academic 
achievements and pursuit of a masters degree, but concluded that 
it was not sufficient to warrant recharacterization.  Absent 
evidence to the contrary, the Board concluded that the 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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