DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No: 1876-99
8 June 2000
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 24 May 2000.
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 record reflects that you received four
The Board found that you enlisted in the Marine Corps on 2 July
1979 at age 18.
nonjudicial punishments and were convicted by a summary
martial.
of duty on five occasions,
on two occasions, use of marijuana,
identification card.
positive for phenobarbital.
The offenses included absence from your appointed place
On 21 March 1983 your urinalysis test was
disrespect on two occasions, assault
and failure to carry an
court-
While your record does not contain the separation processing
documents, it appears that the commanding officer recommended
that you be separated with an other than honorable discharge by
reason of misconduct due to drug abuse and, after review by the
discharge authority, the commanding officer's recommendation for
separation was approved.
The record clearly shows that you were
discharged with an other than honorable discharge by reason of
misconduct on 17 June 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and good postservice conduct.
these factors were not sufficient to warrant recharacterization
of your discharge, given your frequent misconduct and especially
your use of drugs.
to the discharge is warranted.
been denied.
will be furnished upon request.
Therefore, the Board concluded that no change
Accordingly, your application has
The names and votes of the members of the panel
such as your youth and immaturity
However, the Board concluded that
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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