DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
CRS
Docket No: 875-01
11 July 2001
application for correction of your
provisions of Title 10, United
Your allegations of error and
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 June 2001.
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.
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 reenlisted in the Marine Corps on 12
February 1982 after more than five years of prior active service.
The record reflects that on 28 September 1983 you were diagnosed
as having optic neuritis.
urinalysis for marijuana.
civil authorities on 15 March 1985 of grand larceny.
sentenced you to three years in prison,
serve only 11 months in confinement.
On 18 September 1985 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
misconduct due
to drug abuse and the civil conviction.
When
informed of the recommendation,
you elected to waive the right to
present your case to an administrative discharge board.
After
review by the discharge authority, the recommendation for
separation was approved and you were discharged with an other
than honorable discharge on 11 December 1985.
In its review of your application the Board carefully weighed all
On 31 May 1984 you had a positive
Subsequently, you were convicted by
The court
but you were required to
The names and votes of the members of the panel will be
Accordingly, your application has been
such as the contention that your
However, the Board concluded
given the seriousness of
In this regard, there is no
potentially mitigating factors,
multiple sclerosis and depression caused or significantly
contributed to your misconduct.
that these factors were not sufficient to warrant
recharacterization of your discharge,
the civil conviction and drug use.
evidence that the beginning stages of your multiple sclerosis
caused or significantly contributed to your misconduct.
the foregoing, the Board concluded that no change to the
discharge is warranted.
denied.
,furnished upon request.
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.
Based on
Sincerely,
W. DEAN PFEIFFER
Executive Director
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