DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 1854-02
14 August 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 6 August 2002.
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.
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.
Subsequently, you were designated a Naval Aviator and were
You were commissioned in the Marine Corps Reserve on 18 April
1976.
On 29 April 1983 you received nonjudicial
promoted to captain.
punishment for disobeying an order to provide a urine sample; and
specifically, providing water to
conduct unbecoming an officer,
collecting officials and stating that it was your urine.
punishment imposed was a forfeiture of pay and 60 days
restriction.
The
Based on your record of misconduct,
On 18 July 1983, a board of officers
administrative discharge.
found that you had committed misconduct and recommended discharge
under other than honorable conditions.
Assistant Secretary of the Navy (Manpower & Reserve Affairs)
approved the recommendation of the Commandant of the Marine Corps
and directed your discharge under other than honorable
conditions.
You were so discharged on 31 October 1983.
you were processed for an
Subsequently, the
In its review of your application the Board carefully weighed all
potentially mitigating factors,
The
service and your claim of a good post service adjustment.
such as your period of good
Board found that these factors were
recharacterization of your discharge given the fact that you
committed serious offenses as a commissioned officer.
concluded that the discharge was proper as issued and no change
is warranted.
not sufficient to warrant
The Board
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
You are entitled to have the
favorable action cannot be taken.
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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