Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 05355-02
Original file (05355-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVYANNEX

WASHINGTON DC 20370-5100

WMP
Docket No:
19 December 2002

5355-l

32

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 17 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted
Board.
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.

The Board found that you reenlisted in the Marine Corps on 1
December 1982 for three after over three years of prior active
Your record reflects that you served without incident
service.
until 30 January 1983, when you received nonjudicial punishment
(NJP) for two instances of absence from your appointed place of
The punishment imposed was a forfeiture of $150, 14 days
duty.
restriction, and a suspended reduction in rank to lance corporal
(E-3).

Your record further reflects that on 31 May 1983 you received
NJP for wrongful use of marijuana while on duty.
imposed was forfeitures of $352 per month for two months and a
reduction in rank to lance corporal (E-3).

The punishment

CL?, 20 June 1983 administrative separation action was initiated
by reason of misconduct due to drug abuse. On 24 June 1983,
after being advised of your procedural rights and, having
consulted with counsel,
However, you later waived your right to an administrative
discharge board (ADB) after consulting with your counsel.

you elected to exercise those rights.

On 27 June 1983 the commanding officer forwarded the separation
action, recommending an other than honorable discharge, to the
discharge authority.
On 16 August 1983 discharge was directed
under other than honorable conditions by reason of misconduct
due to drug abuse.

On 23 August 1983 you were so discharged.

On 3 January 1991, the Naval Discharge Review Board (NDRB)
considered your case and concluded that your service was
appropriately characterized as having been under other than
honorable conditions.

It is also clear that you were fully cognizant of the

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity.
However, the Board concluded that the record fully
supported processing for separation due to misconduct for drug
abuse.
Marine Corps policy concerning illegal drug use, and, despite
this knowledge, you made a conscious decision to violate that
policy and use marijuana.
your discharge under other than honorable conditions was
appropriate.
The names and votes of the members of the panel will be
furnished upon request.

Therefore, the Board concluded that

Accordingly, your application has been denied.

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.
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.

You are entitled to have

Sincerely,

W. DEAN PFEIFFER
Executive Director



Similar Decisions

  • NAVY | BCNR | CY2007 | 09635-07

    Original file (09635-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2008. Although it is not stated in the record, it appears that you elected to waive the right to have your case considered by an administrative discharge board. Please be advised that NUJP evidence is routinely destroyed after several years, and the only evidence is the entry in your service record showing that you received NJP for wearing an earring...

  • NAVY | BCNR | CY2002 | 02585-02

    Original file (02585-02.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370.510 0 WMP Docket No: 19 August 2002 2585-02 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. considered your A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 14 August 2002. injustice were reviewed in accordance with...

  • NAVY | BCNR | CY2001 | 02970-01

    Original file (02970-01.pdf) Auto-classification: Denied

    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. drugs. factors and contention were not sufficient to warrant recharacterization of your discharge because of the serious nature of your repetitive drug related misconduct which resulted in five all the circumstances of your case, discharge was proper as issued and no change is warranted.

  • NAVY | BCNR | CY2001 | 03029-01

    Original file (03029-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The punishment imposed was a $286 forfeiture of pay, restriction for 30 days, extra duty for 45 days, and a reduction to On 14 December 1982, after undergoing a medical evaluation, medical authorities determined that you...

  • NAVY | BCNR | CY2001 | 00898-01

    Original file (00898-01.pdf) Auto-classification: Denied

    On 3 June 1983 an ADB recommended you be issued a general discharge by reason of Shortly thereafter, on 17 May After misconduct due to drug abuse. discharged by reason of misconduct normally receive discharges Accordingly, you were under other than honorable conditions. 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.

  • NAVY | BCNR | CY2002 | 03885-02

    Original file (03885-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. paygrade E-l. a $287 forfeiture of pay, On 16 December 1983 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. Consequently, when applying for a correction of an...

  • NAVY | BCNR | CY2001 | 04252-01

    Original file (04252-01.pdf) Auto-classification: Denied

    Docket No: 4252-01 23 November 2001 .This is in reference to your naval record pursuant to the States Code, Section 1552. application for correction of your provisions of Title 10, United A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered...

  • NAVY | BCNR | CY2002 | 04644-02

    Original file (04644-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The punishment imposed was reduction Your record further shows that you received NJP on 14 February 1985 for wrongful use of marijuana. forfeitures of $310 per month for two months, 45 days of restriction and extra...

  • NAVY | BCNR | CY2001 | 02517-01

    Original file (02517-01.pdf) Auto-classification: Denied

    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. pending administrative separation action by reason of misconduct due to drug abuse. any evidence to support the contention that the NJPs should be removed from your record.

  • NAVY | BCNR | CY1999 | Document scanned on Wed Sep 20 10_51_25 CDT 2000

    A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary 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. You were...