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
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