DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F 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
TJR
Docket No: 7792-01
15 May 2002
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 14 May 2002. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 8 June 1981 at the age of 17.
Your record reflects that on 4 February 1982 you were convicted
by summary court-martial (SCM) for possession of marijuana and
sentenced to a $367 forfeiture of pay, reduct~on to paygrade E - 1 ,
and confinement at hard labor for 30 days.
During the period from 3 January to 24 February you received
nonjudicial punishment (NJP) on three occasions for absence from
your appointed place of duty, failure to obey a lawful order,
breaking restriction, and disobedience. On 7 March 1983 you were
convicted by SCM of breaking restriction and sentenced to
confinement at hard labor for a month, reduction to paygrade E-1,
and a $191 forfeiture of pay. On 31 May 1983 you were again
convicted by SCM of a 29 day period of unauthorized absence (UA).
You were sentenced to a $372 forfeiture of pay and confinement at
hard labor for 30 days.
On 5 July 1983 you were notified of pending administrative
separation action by reason of misconduct. At that time you
waived your rights to consult with legal counsel and to present
your case to an administrative discharge board. On 18 August
1983 your commanding officer recommended an other than honorable
discharge by reason of misconduct due to a pattern of misconduct
as evidenced by your failure to conform. On 8 July 1983 the
discharge authority directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. On 29
August 1983 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and character
reference letters. The Board also considered your contentions
that your ability to serve was impaired by your personal problems
and drug and alcohol abuse; that had you received proper
counselling for your drug and alcohol abuse, you would not have
received a discharge under other than honorable conditions; and
that your disciplinary infractions were mostly minor in nature.
However, the Board concluded these factors and contentions were
not sufficient to warrant recharacterization of your discharge
because of the serious nature of your repetithe drug related
misconduct. 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
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