DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3862-01
19 October 2001
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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
17 October 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 Reserve on 31 May 1991 for eight
years at age 18.
The enlistment documents show that you admitted
to a one-time pre-service experimentation with marijuana.
were also briefed regarding the Marine Corps policy concerning
illegal use of drugs and the consequences of using such drugs.
You
The record reflects that you were advanced to PFC (E-2) and were
ordered to initial active duty for training on 21 Janaury 1992.
You were honorably released from active duty on 24 July 1992 and
transferred to the Marine Corps Reserve.
You were subsequently
advanced to LCPL (E-3) and served without incident until 3 August
1993 when a Navy drug laboratory reported that a urine sample you
submitted on 11 July 1993 had tested positive for marijuana.
On 15 August 1993 you were notified that action was being
initiated to discharge you for misconduct due to drug abuse.
The commanding officer (CO)
You were advised of your procedural rights, that the character-
ization of service could be under other than honorable
conditions, and that the commanding general would make the
determination on characterization.
stated that he was recommending a general discharge under other
You declined to consult with legal
than honorable conditions.
counsel or submit a statement in your own behalf, and waived the
right to present your case to an administrative discharge board
(ADB).
On 25 September 1993 the CO recommended discharge under other
than honorable conditions by reason of misconduct due to drug
In his recommendation, the CO stated your confirmed use
abuse.
of illegal narcotics typified your attitude for Marine Corps
regulations and that you had no potential for further military
service.
recommendation and a staff judge advocate found the discharge
documentation to be sufficient in law and fact.
1993, the discharge authority directed an other than honorable
discharge by reason of misconduct due to drug abuse.
so discharged on 8 November 1993.
Thereafter, the battalion commander concurred with the
On 28 October
You were
On 16 June 1997 the Naval Discharge Review Board (NDRB) denied
your request for an upgrade of your discharge.
noted that you had entered a rehabilitation program on two
occasions after your discharge.
The NDRB summary
he stated that it was his intent to
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
regret for your actions that led to your discharge, and the fact
that it has been 11 years since you were discharged.
noted the issues you presented to the NDRB in May 1997.
Board also noted that when the CO notified you were being
processed for discharge,
recommend a general discharge under other than honorable
However, there is no such characterization and he
conditions.
subsequently recommended to the discharge authority that you be
separated under other than honorable conditions.
further noted at the time of your enlistment you were briefed on
the Marine Corps drug policy and the consequences of using of
illegal drugs.
now impact on future endeavors provides no valid basis for
recharacterization of service.
While you contend you put
yourself through school and have a successful employment record,
you provide no corroborating evidence to support these
contentions; or any evidence of your contributions to your
community or of how long you have been drug free.
drugs, knowing the consequences of such actions, constitutes a
willful disregard for the Marine
The fact that the consequences of your misconduct
Carp's zero tolerance policy and
Your use of
The Board
The
The Board
2
does warrant recharacterization to honorable or under honorable
conditions.
proper and no change is warranted.
has been denied. The names and votes of the members of the panel
will be furnished upon request.
The Board thus concluded that the discharge was
Accordingly, your application
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
USMC | DRB | 2006_Marine | MD0600430
There are no other record of use.9.) The summary of service clearly documents that misconduct due to drug abuse was the reason the Applicant was discharged. The Applicant admitted that he used illegal drugs and was properly notified by the Commanding Officer that he was recommending the Applicant’s discharge by reason of misconduct due to drug abuse.
USMC | DRB | 2005_Marine | MD0501231
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). I had a very good service record and I believe I received the type of discharge I did as an example to the other Marines I was stationed with on Okinawa.I contend that, given my overall honorable service, that I should have at a minimum been afforded the rights of someone who was abusing illegal mind-altering drugs; I understand that drug...
NAVY | BCNR | CY2013 | NR1901-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 January 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
USMC | DRB | 2005_Marine | MD0501003
My name is J_ V_ B_ (Applicant), I am requesting that my Bad Conduct Discharge, from the United States Marine Corps, be upgraded to a General/Under honorable conditions. Nevertheless, t he action of the NDRB is restricted to upgrades based on clemency when a discharge is adjudged by a court-martial case. After a thorough review of the Applicant’s available records and issues submitted, the Board determined that clemency is not warranted.
USMC | DRB | 2006_Marine | MD0600472
MD06-00472 Applicant’s Request The application for discharge review was received on 20060210. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). (Applicant) reported positive urinalysis was in error and he has not used marijuana since enlisting in Marines.
NAVY | BCNR | CY1999 | 02900-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 9 December 1996, the Naval Discharge Review Board denied your request for changes in the characterization of service and the reason for discharge.
NAVY | BCNR | CY1999 | Document scanned on Thu Sep 21 09_48_01 CDT 2000
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were ordered The following day you signed a statement that The Board found that you enlisted in the Naval Reserve on 10 December 1993 for eight years at age 23. active duty as an AN (E-3) for a period of 36 months...
USMC | DRB | 2000_Marine | MD00-00811
Sentence approved and order executed except forfeiture of $200 per month for 2 months is suspended for 6 months.930625: NIS report whereby applicant admits to buying anabolic steroids from another Marine.930708: NJP for violation of UCMJ, Article 112a: on or about Mar 93 to Apr 93 wrongfully posses anabolic steroids. Not appealed.930714: SSPCMO: Due to commission of a UCMJ violation during the probation period, the suspended forfeiture of $200 pay per month for 2 months issued pursuant to...
USMC | DRB | 2005_Marine | MD0500515
The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 030728: GCMCA, Commanding General, Marine Corps Base, Camp Pendleton, CA directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse. Issue 5: The Applicant is correct in stating that the Marine Corps follows a "no-tolerance policy" with respect to drug abuse.
NAVY | DRB | 2004 Marine | MD0401271
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 407, part 3.As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174D.