DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 243-01
20 April 2001
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 17 April 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.
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 12 June
1980 at age 17. you served without any disciplinary infractions
until nearly 5 June 1981 when you received nonjudicial punishment
for wrongful use of provoking words.
On 24 November 1981 you were referred for a medical evaluation at
which time you admitted to using marijuana for 10 years and using
it frequently while in the Marine Corps, the last time being 23
November 1981. The examining doctor was of the opinion that you
were psychologically dependent on marijuana.
Based on the doctor's report, you were processed for discharge by
reason of misconduct due to fraudulent enlistment. In connection
with this processing, you elected to waive your procedural
rights; however, you made a statement that you were told to lie
about your drug use by your recruiter. In his letter
recommending discharge, the commanding officer stated that your
performance was marginal and that you had been counseled on
numerous occasions. You were issued a general discharge on 6
April 1982.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and desire for
a better discharge. The Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your disciplinary record, marginal performance and especially
your admission of marijuana use before and after you entered the
Marine Corps. The Board concluded that the general discharge was
proper as issued and no change is warranted.
~ c c o r d i n ~ l ~ ,
votes of the members of the panel will be furnished upon request.
your application has been denied. The names and
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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