DEPARTMENT O F THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 181-01
11 June 2001
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 5 June 2001. 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. In addition, the Board considered the advisory
opinion provided by the Naval Medical Center, a copy of which is
enclosed for your information.
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
injustice.
The Board found you reenlisted in the Marine Corps on 15 October
1976 after two years of prior honorable service. Your record
reflects that you continued to serve without disciplinary
incident until 23 March 1978 when you received nonjudicial
punishment (NJP) for dereliction in the performance of your
duties. The punishment imposed was extra duty for 30 days, an
admonishment and a suspended reduction in rate.
Your record further reflects that on 14 November 1980 you were
convicted by special court-martial (SPCM) of wrongful
introduction and possession of marijuana, lysergic acid
diethylamide (LSD), and a white powder with methamphetamine. You
were sentenced to reduction to paygrade E-1 and a bad conduct
discharge (BCD). Subsequently, the BCD was approved at all
levels of review and on 3 December 1982 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and your contention that your
misconduct does not warrant a BCD. However, the Board concluded
these factors and contention were not sufficient to warrant
recharacterization of your discharge because of your serious drug
related misconduct. Given the circumstances of your case, the
Board concluded your discharge was proper as issued 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 PFE IFFER
Executive Director
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