Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No: 4146-99
30 June 2000
Your allegations of error and
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, considered your
application on 28 June 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.
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 21 July
1966 at age 19.
nonjudicial punishments and were convicted by a summary
martial.
of duty on two occasions,
failure to obey a lawful order. and use of marijuana.
Subsequently, on 29 August 1969 you were convicted by civil
authorities of possession of LSD.
probation for two years.
On 17 November 1969 an administrative
discharge board recommended that you be separated with a general
discharge by reason of misconduct due to the civil conviction.
After review by the discharge authority, the recommendation was
approved and you were discharged with a general discharge on 30
January 1970.
In its review of your application the Board
potentially mitigating factors, such as your youth and
immaturity.
carefullv weiahed all
However, the Board concluded that these factors were
The offenses included absence from your appointed place
possession of alcoholic beverages,
The record reflects that you received four
court-
You were sentenced to
amm
t
diciplinary actions.
The names and
not sufficient to warrant recharacterization of your discharge,
given the seriousness of the offense which resulted in your civil
conviction and your five
In this regard,
the Board noted that you were fortunate to receive a general
discharge since most individuals convicted of possession of drugs
are discharged under other than honorable conditions.
Therefore,
the Board concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
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
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.
importantyto keep in mind that a
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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