DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
._
Dear-
TJR
Docket No: 5483-00
26 February 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 13 February 2001.
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.
The Board found you enlisted in the Marine Corps on 24 June 1982
at the age of 18.
Your record reflects that you served for a
year and two months without incident but on 23 August 1983 you
(NJP) for altering a military
received nonjudicial punishment
identification card.
forfeiture of pay and restriction
On 12 June and again on 31 August 1984 you received NJP for using
indecent and insulting gestures,
place of duty, disobedience, and disrespect.
The punishment imposed was a $350
and extra duty for 14 days.
absence from your appointed
Your record further reflects that on 8 March 1985 you received
NJP for wrongful use of marijuana and were awarded a $600
forfeiture of pay, extra duty for 14 days, and a reduction to
paygrade E-2.
On 17 June 1985 you received your fifth NJP for
disobedience and wrongful use of marijuana.
imposed was a $600 forfeiture of pay,
for 45 days,
and reduction to
The punishment
restriction and extra duty
paygrade E-l.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board or
submit a statement in rebuttal to the separation.
On 19 June
1985 your commanding officer recommended you be issued an other
than honorable discharge by reason of misconduct due to drug
abuse.
directed an other than honorable discharge, and on 21 June 1985
you were so discharged.
The discharge authority approved this recommendation and
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that the other than
honorable discharge has hindered your employment opportunities.
The Board also considered the letters on your behalf from the
Veterans of Foreign Wars.
However, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given the serious nature of your drug related
misconduct.
concluded your discharge was proper as issued and no change is
Accordingly, your-application
warranted.
The names and votes of the members of the
upon request.
Given all the circumstances of your case, the Board
has been 'denied,
panel will be furnished
It is regretted that the circumstances of
-
.
favorable action cannot be taken.
You are entitled to have tne
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
existence of probable material error or injustice.
to.demonstrate the
your case are such that
.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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