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Decision Text

NAVY | BCNR | CY2001 | 06213-01
Original file (06213-01.pdf) Auto-classification: Denied
D E P A R T M E N T O F T H E   NAVY 

B O A R D   F O R C O R R E C T I O N  OF  N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

JRE 
Docket  No:  6213-01 
29  April  2002 

This is in  reference to  your application for correction of  your  naval  record  pursuant  to  the 
provisions of  title  10 of  the 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  18 April  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  24 July  1990.  You  received 
nonjudicial punishment on  10 January  1991 for violation of  a lawful order by  having 
possession  of  an  alcoholic beverage in a bachelor enlisted quarters room, and  failure to go to 
duty; on  28 February  1991 for violation of  a regulation  by  drinking an  alcoholic beverage 
while underage; on  14 May  1992 for being  drunk on  duty; and  on  14 May  1993 for violation 
of  orders by  wearing earrings, and  failing to  report  to a first sergeant when  required  to  do 
so.  You  absented yourself without authority on  19 July  1993, and  remained  absent until 5 
November  1993.  You  underwent a physical examination on  9 December  1993, and  were 
found fit for separation.  You  specifically denied a history of  depression  or excessive worry 
and  of  nervous trouble of  any  sort in the SF 93, Report of  Medical History, you  completed 
on  that date.  No  psychiatric abnormalities were noted  by  the independent duty  medical 
corpsman who conducted the examination.  You  were convicted by  special court-martial on  3 
January  1994, of the aforementioned unauthorized  absence, wrongful  use  of 
amphetaminelmethamphetamine,  and  wrongful  use of  marijuana.  You  were sentenced to be 
discharged with  a bad  conduct discharge, to be confined for three  months,  forfeiture of 

$555.00 per  month  for three months, and  reduction  to  E-1.  The period  of  confinement was 
suspended, and  you  departed on  voluntary excess leave without pay  on  10 February  1994. 
Your conviction and  sentence were approved by  the U.S.  Navy  Court of  Criminal Appeals 
on 28 February  1995, and you  were separated from the Marine Corps with  a bad  conduct 
discharge on  12 June  1995. 

The Board  noted  that  it has  no authority to  take any  action  which  would  affect the finality of 
your conviction by  special court-martial, and  that  its authority in  this case is limited to 
correcting your record  as a matter of  clemency.  The Board  was  unable to  find any indication 
in the available records that  the misconduct which  resulted  in  your bad  conduct discharge 
was  related  in  any  way  to a mental  disorder which  was  incurred  in or aggravated by  your 
period of  naval  service.  In  addition, it noted  that  in  view  of  the basis for your discharge, 
you  would not have been entitled to disability processing even if  you  had  been  found unfit 
for duty.  The symptoms you  experienced while on  appellate leave were not  incurred while 
you  were entitled to basic  pay, and  would  not  be compensable in any event. 

In  view  of  the foregoing, 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 



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