DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370.510
0
S
CRS
Docket No: 552-00
16 August 2001
Dear
This is in reference to your
,naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 August 2001.
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 Board found that you enlisted in the Marine Corps on 30 June
1980 at age 18.
nonjudicial punishments and were convicted by a summary
martial.
days, possession of marijuana on two occasions, dereliction of
duty, and communicating a threat.
court-
The offenses included an unauthorized absence of four
The record reflects that you received three
When informed of the recommendation, you elected to
On 25 June 1982 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct.
waive the right to present your case to an administrative
discharge board.
summary court-martial of possession of marijuana.
by the discharge authority,
approved and you were discharged under other than honorable
conditions on 1 September 1982.
Subsequently, you were convicted by a second
the recommendation for separation was
After review
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
Based
immaturity.
not sufficient to warrant recharacterization of your discharge,
given your record of frequent involvement with military
In this regard, the Board noted that you were the
authorities.
subject of five disciplinary actions within a period of less than
three years, and committed several drug related offenses.
on the foregoing, the Board concluded that no change to the
discharge is warranted.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
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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material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, Documentary regulations and policies. officer recommended discharge under other than honorable conditions by reason of misconduct due to frequent involvement. 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.
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