DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 1583-01
29 June 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
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
27 June 2001.
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.
considered your application on
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.
You enlisted in the Marine Corps on 9 June 1980 for four years at
The record reflects that you were advanced to CPL (E-4)
age 19.
and served for more than 28 months without incident.
However,
during the six month period from November 1982 to May 1983 you
received three nonjudicial punishments (NJP) and were convicted
by a summary court-martial.
Your offenses consisted of failure
to obey an officer's order not to chamber any rounds in your
weapon, conduct unbecoming a Marine noncommissioned officer, two
brief periods of unauthorized absence (UA) totalling about 13‘
hours, a nine day period of UA, and wrongful use of marijuana.
As a result of the foregoing disciplinary actions you were
reduced in rank to PVT (E-l).
On 5 July 1983 you were notified that you were being recommended
for discharge under other than honorable conditions by reason of
misconduct due to a pattern of misconduct and drug abuse.
You
were advised of your procedural rights, declined to consult with
counsel or submit a statement in your own behalf, and waived the
right to present your case to an administrative discharge board
Thereafter, the commanding officer recommended that you
(ADB).
be separated under other than honorable conditions by reason of
misconduct due to a pattern of misconduct and drug abuse.
The
battalion commander recommended discharge by reason of misconduct
due to drug abuse.
recommendation and you were discharged under other than honorable
conditions on 5 August 1983.
The discharge authority approved the
In its review of your application the Board carefully weighed all
1 potentially mitigating factors such as your youth and immaturity,
the one opportunity you had to show
The Board also noted that you submitted no evidence
The Board noted your
NJPs and a summary court-martial
The Board noted the aggravating factor that you
letters of reference, training certificates, military records,
good post-service conduct,
and the fact that it has been nearly
18 years since you were discharged.
contentions concerning the offenses which led to your discharge.
However, the Board concluded that these factors and contentions
were insufficient to warrant recharacterization of your discharge
given your record of three
conviction.
waived your right to an ADB,
why you should be retained or discharged under honorable
conditions.
to support your contentions,
evidence.
applicable regulations and there is no indication of any
procedural errors that would have substantially jeopardized your
rights.
change is warranted.
denied. The names and votes of the members of the panel will be
furnished upon request.
and the record contains no such
Your discharge was accomplished in compliance with
The Board concluded that the discharge was proper and no
Accordingly, your application has been
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
2
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