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NAVY | BCNR | CY2001 | 08758-01
Original file (08758-01.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   OF  N A V A L   R E C O R D S  

2  N A V Y   ANNEX 

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

TJR 
Docket No:  8758-01 
20 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 1 8 ' ~ u n e  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. 

Approximately  eight months later, on 13 May  1983, you 

You enlisted in the Marine Corps on 27 September 1982 at the age 
of 18. 
received nonjudicial punishment  (NJP) for two specifications of 
wrongful possession  of marijuana and possession  of alcoholic 
beverages  in the barracks.  The punishment imposed was a $572 
forfeiture of pay, half of which was suspended for six months, 
restriction and extra duty for 45 days, and reduction to paygrade 
E-1. 

Subsequently, you were notified of pending administrative 
separation action by reason of misconduct by reason of drug 
abuse.  At that time you waived your rights to consult with legal 
counsel and to present your case to an administrative discharge 
board.  On 25 May  1983 your commanding officer recornended an 
other than honorable discharge by reason of misconduct due to 
drug abuse.  The discharge authority directed an other than 
honorable discharge by  reason of misconduct due to drug abuse, 
and on 20 July 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 employment 
history.  Nevertheless, the Board concluded these factors were 
not sufficient to warrant recharacterization of your discharge 
because of the serious nature of your repetitive 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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