DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 2754-02
13 November 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 Naval
Records, sitting in executive session, considered your
application on 13 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 13 January 1982 at the age of
18 and served for nearly two years without disciplinary incident.
However, on 9 January 1984 you received nonjudicial punishment
(NJP) for wrongful use of cocaine and were awarded a $384
forfeiture of pay, restriction for 21 days, and reduction to
paygrade E-2.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board.
January 1984 your commanding officer recommended an other than
honorable discharge by reason of misconduct.
stated, in part, as follows:
This recommendation
On 11
Although this was Member's first offense, the use of cocaine
by a Marine will not be tolerated.
abstain from drugs is unacceptable and is a detriment to
good order and discipline.
His reluctance to
On 19 January 1984 the discharge authority directed an other than
honorable discharge by reason of misconduct, and on 31 January
1984 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
conduct and proficiency marks, and
your contention that your discharge is a blemish that you should
not have to bear for the rest of your life.
Nevertheless, the
Board concluded these factors and contention were not sufficient
to warrant recharacterization of your discharge because of your
drug related misconduct.
denied.
Accordingly, your application has been
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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