DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TRG
Docket No: 1642-02
23 October
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 22 October 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
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 enlisted in the Marine Corps on 27 May 1968 at age 17.
record shows that you received nonjudicial punishment on 8
January 1969 and 12 February 1970 for an unauthorized absence of
about nine days and failure to go to your appointed place of
duty.
Combat Action Ribbon.
Additionally, you served in Vietnam and were awarded the
The
You were processed for discharge because of your possession of 53
marijuana cigarettes and 15 tablets containing either
secobarbital or amobarbital.
you elected to waive the right to have your case heard by an
On 6 July 1970, the discharge
administrative discharged board.
authority approved the recommendation of your commanding officer
that you be discharged for unfitness with an undesirable
discharge.
You were so discharged on 17 July 1970.
In connection with this processing,
Subsequently, the Naval Discharge Review Board (NDRB)
A DD Form 214 has
recharacterized your discharge to general.
been issued to show this change in the characterization of your
service.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, and
contentions that you were not guilty of the offenses and have
been a good citizen for many years.
factors and contentions were not sufficient to warrant
recharacterization of your discharge or to change the reason for
your discharge, given the nonjudicial punishment and especially
the evidence indicating that you were in possession of drugs.
The Board also noted that you did not contest the discharge
processing.
extended to you when your discharge was recharacterized to
general by action of the NDRB,
to honorable is not warranted.
The Board believed that considerable clemency was
The Board found that these
and a further recharacterization
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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