DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 3454-02
15 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 served without disciplinary incident until 26 January
You enlisted in the Marine Corps on 14 October 1970 at the age of
17.
1972, when you received nonjudicial punishment (NJP) for a 27 day
The punishment imposed was
period of unauthorized absence (UA).
reduction to
restriction and extra duty for 15 days.
were convicted by special court-martial (SPCM) of a 47 day period
of UA, wrongful possession of marijuana,
and distributing drugs.
You were sentenced to confinement at hard labor for a month, a
$192 forfeiture of pay, and a bad conduct discharge (BCD).
September 1973 you submitted a written request for immediate
execution of the BCD which stated, in part, as follows:
On 6
paygrade E-l, a $25 forfeiture of pay, and
On 3 October 1972 you
I do not desire to be retained in the Marine Corps.
If I
were returned to duty for any length of time, I feel that I
would return to using drugs again.
Because of my past
record I don't think I would have a chance at duty or be
given the benefits of an average Marine.
requesting execution of my bad conduct discharge.
Therefore, I am
Subsequently, the BCD was approved at all levels of review, and
on 1 October 1973 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
It also
your youth and immaturity and post service conduct.
considered your contention that your BCD was inappropriate
because it was based on minor offenses, and that under current
standards you would not receive a BCD for this type of
misconduct.
contention were not sufficient to warrant recharacterization of
your discharge because of your lengthy periods of UA and drug
related misconduct.
denied.
Accordingly, your application has been
Nevertheless, the Board concluded these factors and
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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