DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2451-01
9 October 2001
Dear
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,
application on 2 October 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.
Your allegations of error and
considered your
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that during the period
The Board found you enlisted in the Marine Corps on 13 June 1979
at the age of 17.
from 8 February to 24 November 1980 you received nonjudicial
punishment (NJP) on three occasions for a day of unauthorized
absence
(UA), breaking restriction, possession of alcoholic
beverages in your room,
On 13 and
16 August 1981 you received NJP for three periods of UA totalling
four days and failure to obey a lawful order.
and possession of marijuana.
Your record further reflects that on 19 January 1982 you were
convicted by special court-martial (SPCM) of disrespect and
assault.
three months, a $900 forfeiture of pay, and a bad conduct
discharge
and on 7 April 1983 you received the BCD.
You were sentenced to confinement at hard labor for
The BCD was approved at all levels of review
(BCD).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
and your good post service conduct.
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your repetitive misconduct, including drug abuse
and assault, which resulted in five
conviction.
concluded your discharge was proper as issued and no change is
warranted.
NJPs and a court-martial
Given the circumstances of your case, the Board
Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
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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NAVY | BCNR | CY2001 | 01232-01
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NAVY | BCNR | CY2001 | 03084-01
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