DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION
OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 3670-02
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 23 June 1982 at the age of 22
and served for nearly a year without disciplinary incident.
However, on 23 May 1983 you received nonjudicial punishment
for wrongful use of marijuana and were awarded a $300 forfeiture
of pay, extra duty for 30 days, which was suspended for three
months, and reduction to
paygrade E-l.
(NJP)
On 19 February 1985 you received NJP for wrongful use of
marijuana.
a $640 forfeiture of pay,
days.
The punishment imposed was reduction to
and restriction and extra duty for 30
paygrade E-2,
Subsequently, you were processed for an administrative separation
action by reason of misconduct due to drug use.
advised of your procedural rights, you elected to waive the
rights to consult with counsel and present your case to an
administrative discharge board.
recommended an other than honorable discharge by reason of
Your commanding officer then
After being
The discharge authority approved
misconduct due to drug abuse.
this recommendation and directed separation under other than
honorable conditions, and on 12 June 1985 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, post service conduct, conduct and
proficiency marks, and your contention that clemency is warranted
because it is an injustice for you to continue to suffer the
adverse consequences of your other than honorable discharge. It
further considered your contentions that you were not medically
qualified to serve in the Marine Corps due to your shaving
problems, and that you
discharge.
with pseudofolliculitis barbae,
treat this disorder.
or warrant a medical discharge.
facts and circumstances were not sufficient to warrant
recharacterization of your discharge because of your repeated
drug related misconduct.
denied.
should have received a medical or general
Although the record indicates that you were diagnosed
Accordingly, your application has been
you were also advised how to
It did not disqualify you from serving
The Board concluded that 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
2
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