DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 4782-02
10 January 2003
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
~ecords, sitting in executive session, considered your
application on 7 January 2003. Your allegations of error and
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.
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.
The Board found that you enlisted in the Marine Corps on 4
December 1996. A psychiatric evaluation, conducted on 2 July
1997, found that you had an adjustment disorder and that you had
used drugs in an attempt to be discharged. On 26 July 1997 you
made a statement that in May 1997 you had gone to Mexico and used
marijuana. The record reflects that on 31 July 1997 you received
nonjudicial punishment for failing to obey a lawful regulation by
going to Mexico and using marijuana.
On 27 August 1997 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse. When informed of the
recommendation, you elected to waive the right to present your
case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and on 5 October 1997 you were discharged with an other
than honorable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the contentions that your
fragile state of mind rendered you incapable of making an
incriminating statement, you were not advised of your right
against self incrimination, a single instance of drug use should
not have resulted in discharge, subsequent drug tests were
negative, pressure from your commanding officer contributed to
the incriminating statement, and the statement was made under
mental distress.
Although your were diagnosed with an adjustment disorder, such a
diagnosis would not render you incapable of making a statement
against your interests. The record does not specifically reflect
that you were advised of your right against self-incrimination.
However, even if you were not, this failure to so advise you does
not render your statement inadmissible at NJP or in
administrative separation proceedings. Any drug tests that you
took are essentially irrelevant, since you received NJP and
separated based on your incriminating statement. In accordance
with Marine Corps policy, all drug abusers are processed for
separation, and those separated normally are discharged under
other than honorable conditions. Concerning your allegations of
command pressure and coercion, the Board noted that you have
submitted no evidence to support these contentions, and the
record contains no such evidence.
Accordingly, your application
has been denied. 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, kt 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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