DEPARTMENT OF THE NAVY
FOR CORRECTION OF NAVAL RECORD
BOARD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 259-02
17 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 Navy Records,
sitting in executive session,
15 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.
considered your application on
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 record reflects that you were advanced to
You enlisted in the Marine Corps on 25 November 1983 for four
years at age 19.
to PFC (E-2) and served for six months without incident.
However, during the two month period from May to June 1984 you
received three nonjudicial punishments (NJP) for three instances
of failure to go to your appointed place of duty and use of
marijuana.
On 3 August 1984 you were notified that you were being
recommended for discharge by reason of misconduct due to a
pattern of misconduct and drug abuse.
procedural rights and that the discharge if approved could be
under other than honorable conditions.
with legal counsel but elected to present your case to an
administrative discharge board
the record.
(ADB).
The ADB is not on file in
You were advised of your
You declined to consult
On 22 August 1984 you received a fourth NJP for failure to go to
morning formation and to a dental appointment.
On 29 August 1984 the staff judge advocate reviewed the
proceedings and found them to be sufficient in law and fact. He
noted that the battalion commander recommended an other than
honorable discharge, but the ADB recommended a general discharge
and that it be suspended for a period of 12 months.
recommended an unsuspended separation.
directed separation with a general discharge on 31 August 1984.
However, you were in an unauthorized absence status from 6-19
September 1984.
general discharge by reason of misconduct due to drug abuse.
On 19 September 1984 you were separated with a
The discharge authority
The SJA
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
your employment as a registered nurse, and the fact that it has
been nearly 18 years since you were discharged.
concluded that the foregoing factors were insufficient to warrant
recharacterization of your discharge given your record of four
NJPs, one of which was for drugs.
were fortunate that the ADB recommended a general discharge since
most individuals, even with one drug offense, are discharged
under other than honorable conditions.
or work for a Department of Veterans Affairs hospital does not
provide a valid basis for recharacterizing service.
The Board
concluded that the reason for discharge and characterization were
proper and no change is warranted.
has been denied.
will be furnished upon request.
Accordingly, your application
The names and votes of the members of the panel
The Board believed that you
Your desire to reenlist
The Board
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. 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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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