Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAW ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 7871-98
22 March 1999
Dear
.
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.
panei of the Board for Correction of Naval
A three-member
Records, sitting in executive session, considered your
application on 17 March 1999.
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
Your allegations of error and
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 record reflects that you were
The Board found that you enlisted in the Marine Corps on 13 June
1975 for four years at age 17.
advanced to CPL (E-4) and served without incident until 22
September 1977 when you submitted a request for an undesirable
discharge for the good of the service in lieu of trial by
martial.
At that time, you were charged with possession of
phencyclidine, introducing phencyclidine on board a naval
installation, two specifications of selling phencyclidine, and
transferring phencyclidine.
discharge authority disapproved your request.
However on 5 October 1977, the
court-
On 1 November 1977, you were convicted by special court-martial
of the foregoing charges.
hard labor for five months,
months, reduction in rank to
discharge.
findings and the sentence on 6 March 1978.
Court of Military Appeals denied your petition for review.
received the bad conduct discharge on 8 August 1978.
forfeitures of $25 per month for five
WT (E-l), and a bad conduct
The Navy Court of Military review affirmed the
You were sentenced to confinement at
Subsequently, the
You
The Board
The Board concluded that the
In its review of your application the Board carefully weighed all
potentially mitigating factors such your youth and immaturity,
the 27 months of unblemished service prior to the conviction,
and the news clipping on your
numerous letters of reference,
efforts to cut down drunken driving in your community.
noted your contention that the punitive discharge was too harsh
for one instance of drug involvement and does not reflect your
overall character of service.
foregoing factors were insufficient to warrant recharacterization
of your discharge given the serious nature of the multiple drug
The Board noted that as a
offenses of which you were convicted.
you were certainly well aware
CPL at the time of your conviction,
of the consequences that could result from involvement with
drugs.
with applicable law and regulations, and the discharge
Additionally, a
appropriately characterizes your service.
Federal Bureau of Investigation report obtained by the Board
noted that your post-service conduct has been marred by
convictions for attempted sale of marijuana, assault, and
criminal impersonation of another person.
concluded that the discharge and reason for discharge were proper
Accordingly, your application has
and no changes are warranted.
been denied.
will be furnished upon request.
Your conviction and discharge were effected in accordance
The names and votes of the members of the panel
The Board thus
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
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