DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 1212-01
19 July 2001
Your allegations of error and
On 28 September
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 18 July 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.
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 21
October 1969 at age 18.
1970 you made a sworn statement to the Naval Investigative
Service in which you admitted to using various drugs such as
marijuana, hashish, LSD, and methedrine (speed).
1970 you received nonjudicial punishment for an unauthorized
absence of 26 days.
On 29 September 1970 the commanding officer recommended that you
be separated with an undesirable discharge by reason of unfitness
When informed of
due to your drug use and the period of absence.
the recommendation, you elected to waive your right to present
After review by
your case to an administrative discharge board.
the discharge authority, the recommendation for separation was
approved and you were discharged with an undesirable discharge on
30 November 1970.
In its review of your application the Board carefully weighed all
such as your youth and immaturity
potentially mitigating factors,
The record reflects that on 17 September
In fact, it is clear that an
Accordingly, your
However,
In this regard, there is no evidence in the
and the contention that you were not given due process.
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge, given your
repetitive drug use.
records nor have you provided any evidence to show your right to
due process was violated.
administrative discharge board would have been convened upon your
request, but you waived this procedural right.
The names and votes of the members
application has been denied.
of the panel will be 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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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