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NAVY | BCNR | CY2001 | 00243-01
Original file (00243-01.pdf) Auto-classification: Denied
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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