DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 2169-01
28 September 2001
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Dea r
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 26 September 2001.
Your allegations of error and
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 23
January 1968 at age 17.
two nonjudicial punishments and were convicted by a special
court-martial.
The offenses included an unauthorized absence of
six hours, possession of another man's liberty card, and theft of
$180.
On 29 September 1970 the commanding officer recommended that you
be separated with an undesirable discharge by reason of unfitness
due to possession, use, and sale of marijuana and dangerous
drugs.
When informed of the recommendation, you elected to waive
your 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 undesirable discharge on 9 October 1970.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and service in Vietnam.
However, the Board concluded that these
The record reflects that you received
Accordingly, your
factors were not sufficient to warrant recharacterization of your
discharge, given your repetitive involvement with drugs and your
prior misconduct that included theft.
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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