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NAVY | BCNR | CY2002 | 03142-02
Original file (03142-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370-510

0

TJR
Docket No: 3142-02
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
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

Documentary 

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 20 May 1997 at the age of 18
and served for nearly two years without disciplinary incident.
However, on 4 May 1999 you received nonjudicial punishment  
for absence from your appointed place of duty and were awarded
extra duty for 45 days and a suspended reduction to  

paygrade E-2.

(NJP)

On 23 July 1999 you were counselled regarding your drug abuse.
At that time you refused to undergo an evaluation for drug
addiction, and were recommended for an administrative separation.
Subsequently, on 11 August 1999, you received NJP for illegal use
and possession of amphetamine, methamphetamine, marijuana, and
two specifications of use and possession of ecstasy.
punishment imposed was vacation of the suspended reduction to
paygrade E-2, reduction to  
duty for 45 days, and a $958 forfeiture of pay.

paygrade E-l, restriction and extra

The

On 16 August 1999 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.
Subsequently, your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse.
This recommendation was approved and on 24 August 1999 the
discharge authority directed an other than honorable discharge by
reason of misconduct.
On 2 September 1999 you received an other
than honorable discharge and were assigned an RE-4B reenlistment
code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your admission that you made
mistakes that effected your ability to serve.
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repeated
drug related misconduct.
other than honorable conditions by reason of misconduct due to
drug abuse must receive an RE-4 reenlistment code.
your application has been denied.

Further, an individual discharged under
Accordingly,

Nevertheless, the

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
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



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