DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
E LP
Docket No. 2565-99
6 September 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.
A three—member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 September 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 Board found that you enlisted in the Marine Corps on
1 October 1981 for three years at age 18.
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.
in rank to PFC (E-2), forfeitures of $309 per month for two
months, and 30 days of correctional custody.
advanced again to LCPL on 1 May 1983.
Punishment imposed was a reduction
The record reflects
However, you were
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.
However, the record does show that on 16 November 1983
The discharge processing documentation is not on file in your
record.
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.
conditions on 14 December 1983.
You were discharged under other than honorable
The Board concluded that the foregoing
In this regard, the Board noted the aggravating
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.
factors were insufficient to warrant recharacterization of your
discharge given your record of two NJPs for use or possession of
marijuana.
factor that you were a repeat offender.
willful disregard for the Marine Corp’s drug policy and
discipline.
consequences of further drug offenses, but failed to learn from
your first disciplinary experience.
achievements and pursuit of a masters degree, but concluded that
it was not sufficient to warrant recharacterization.
evidence to the contrary, the Board concluded that the discharge
was proper and no change is warranted.
application has been denied.
of the panel will be furnished upon request.
It appeared to the Board you had to be aware of the
Accordingly, your
The names and votes of the members
This demonstrated a
The Board noted you academic
Absent
It is regretted that the circumstances of your case are such that
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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