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NAVY | BCNR | CY2002 | 05130-02
Original file (05130-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC 20370-510

0

S

WMP
Docket No:
11 December 2002

5130-02

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
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 4 December 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

after more than two years of prior

The Board found that you reenlisted in the Marine Corps on 22
December 1982 for five years,
active service.
Your record reflects that you served without
incident until 23 September 1983 when you received nonjudicial
punishment 
official statement, and damage to government property.
The
punishment imposed was forfeitures of $100 per month for two
months, 30 days of extra duty, and reduction to 
paygrade E-3.
The reduction was suspended for a period of six months.

(NJP) for conspiracy, reckless driving, false

The record further shows that you received NJP on 11 September
1984 for a seven day period of unauthorized absence, from 30
August to 6 September 1984.
paygrade E-3.
reduction to 

The punishment imposed was
On 11 June 1985 you again received

NJP for wrongful use of marijuana.
reduction to 

paygrade E-2 and a forfeiture of  $200.

The punishment imposed was

On 1 July 1985, you were notified that separation action was
being initiated by reason of misconduct due to a pattern of
misconduct.
procedural rights with the exception of obtaining copies of
documents which supported the basis for separation.

You were advised of and waived all of your

On 8 August 1985 the administrative separation action was
recommending an other than
forwarded to the discharge authority,
honorable discharge.
On 14 August 1984, the discharge authority
directed discharge under other than honorable conditions, and on
6 September 1985 you were so discharged.

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and almost three years of prior honorable service.
However, the Board found that the other than honorable discharge
NJP's and use of marijuana.
was appropriate, based on your three 
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.

The names and

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.

You are entitled to have

In this regard,

Sincerely,

W. DEAN PFEIFFER
Executive Director



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