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NAVY | BCNR | CY2002 | 00312-02
Original file (00312-02.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  

TRG 
Docket No:  312-02 
13 March 2002 

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 12 March 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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

You enlisted in the Marine Corps on 28 June 1982 at age 20 
following a period of service in the Marine Corps Reserve.  On 1 
June 1983 you received nonjudicial punishment for use of 
marijuana on or about 9 May 1983.  Subsequently, you tested 
positive for marijuana on two random urinalyses of 22 June and 2 
August 1983. 

Based on your record of drug abuse, you were processed for an 
administrative discharge by reason of misconduct due to drug 
abuse.  In connection with that processing, you apparently waived 
the right to have your case heard by an administrative discharge 
board.  Subsequently, the commanding officer recommended 
discharge based on the two positive random urinalyses.  After 
review, the discharge authority directed discharge under other 
than honorable conditions.  You were so discharged on 21 October 
1983. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth, and the 
contention that you did not use marijuana after the first time 
and the subsequent urinalyses were so close together that the 

marijuana did not have time to leave your system.  The Board 
found that these factors and contentions were not sufficient to 
warrant recharacterization of your discharge given your record of 
drug abuse.  The Board noted that the record shows that you 
tested positive for marijuana on 9 May, 22 Jun and 3 August 1983. 
This spacing of the urinalyses led the Board to conclude that 
there were multiple incidents of drug abuse.  The Board concluded 
that the discharge was proper as issued and no change is 
warranted. 

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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