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NAVY | BCNR | CY2002 | 00022-02
Original file (00022-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

WMP
Docket No:
20 May 2002

0022-02

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 15 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.

Documentary material considered by the Board consisted

Your allegations of error and

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.

You reenlisted in the Navy on 19 December 1974 after more than
two years of prior active service. The record reflects that  
served without incident until 19 September 1975 when you
received nonjudicial punishment for assault.
imposed was forfeitures of $150 per month for two months.

The punishment

YOU

Your record further reflects that on 12 August 1976 you were
convicted by a special court-martial of possession,, sale, and
tranfer of marijuana; and possession, sale, and transfer of PCP.
You were sentenced to confinement at hard labor for six months,
forfeiture of $240 per month for six months, reduction in rate
to the lowest enlisted grade,
September 1976, the convening authority approved that part of
the sentence extending to confinement at hard labor for 60 days,

and a bad conduct discharge.

On 2

forfeiture of $240 per month for two months, reduction in rate
to FR (E-l) and a bad conduct discharge.

On 30 September 1976 you were released from confinement and
placed on appellate leave pending the review of your bad conduct
discharge.
execution of the bad conduct discharge was directed and, on 13
June 1977, you were so discharged.

upon completion of appellate review,

On 26 May 1977,

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your that you have
matured and your admission of wrongdoing.
However, the Board
concluded that your conviction for possession, sale and transfer
of both marijuana and PCP warranted severe punishment, which the
court-martial correctly imposed.
The Board concluded that your
special court-martial and subsequent bad conduct discharge were
appropriate and should not be upgraded to honorable.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.

The names and

You are entitled to have

In this regard,

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.

it is important to keep in mind that

Sincerely,

W. DEAN PFEIFFER
Executive Director



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