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Decision Text

NAVY | BCNR | CY2001 | 08725-01
Original file (08725-01.pdf) Auto-classification: Denied
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: 8725-01 
14 June 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 11 June 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 17 March  1951 at the age of 
18.  You served for a year and two months without disciplinary 
incident but on 8 May and again on 10 June 1952 you received 
nonjudicial punishment  (NJP) for a day of unauthorized absence 
(UA) and failure to go to your appointed place of duty. 

On 4 February 1953 you received NJP for absence from your 
appointed place of duty and were awarded extra duty for two 
weeks.  On 9 July 1953 you were convicted by summary court- 
martial  (SCM) of disobedience and disrespect.  You were sentenced 
to confinement at hard labor for 20 days and a $50 forfeiture of 
Pay 

On 10 May  1954 you received your fourth NJP for absence from your 
appointed place of duty and were awarded extra duty for eight 
hours.  On 27 June 1954, after undergoing a medical examination, 
you were diagnosed with acute barbiturate poisoning.  The medical 
officer's  narrative summary stated, in part, as follows: 

(Member) admitted to hospital with the diagnosis: addiction, 
barbiturate.  It was learned-that he had returned to his 
ship and sent to sick bay  in a stupor.  He stated that he 
had been  taking  lfyellow jackets" since being  in the navy for 
3-1/2 years.  He related that he had purchased  8-to-10 
llyellow jackets" for approximately $2 while in town and took 
them all  "for kicks."  He insists this is the first time 
that he has ever taken l'yellow jackets," however, he readily 
admits to using marijuana and  "red birdsv1 over a 3-1/2-to-4 
year period.  The only complaint which was elicited from 
him was that the Navy bothers him and that he wants to go 
home. 

On 23 July 1954 you were notified of pending administrative 
separation action by reason of unfitness.  After  consulting with 
legal counsel you waived your right to submit a statement in 
rebuttal to the separation.  Your commanding officer recommended 
separation by reason of unfitness as evidenced by your periods of 
absences, drug addiction, and your unwillingness to take orders 
and observe regulations. 
discharge board in the Bureau of Naval  Personnel  recommended an 
undesirable discharge by  reason of unfitness.  Subsequently, the 
discharge authority approved the recommendation and directed an 
undesirable discharge.  On 27 August  1954 you were so discharged. 

On 8 August  1954 an administrative 

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 your 
contention that you proudly served during the Korean War. 
Nevertheless, the Board concluded these factors and contention 
were not sufficient to warrant recharacterization of your 
discharge given the serious nature of your drug related 
misconduct and the frequency of your disciplinary actions. 
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 adcorrection 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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