DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
17 September 2001
866740
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 30 August 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 served on active duty in the Marine Corps from 30 April 1997 to
29 March 2000, when you were discharged by reason of misconduct based on your
possession of illegal drugs. You were not eligible for referral to the disability evaluation
system because a discharge by. reason of misconduct takes precedence over disability
processing. The Board rejected your implied contention to the effect that the drugs found on
your person were placed there without your knowledge or consent.
unfortunate that you were severely injured, that does not excuse your misconduct. In the
absence of evidence which demonstrates that your discharge by reason of misconduct was
erroneous or unjust, the Board was unable to recommend any corrective action in your case.
Accordingly, your application has been denied.
panel will be furnished upon request.
The names and votes of the members of the
Although it is very
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
In this
and material evidence or other matter not previously considered by the Board.
c
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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