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NAVY | BCNR | CY2002 | 05707-02
Original file (05707-02.doc) Auto-classification: Denied


                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100

                                                        TJR
                                                        Docket No: 5707-02
                                                        6 March 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 Records,
     sitting in executive session, considered your application on 4 March
     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 the evidence submitted was insufficient to establish the
     existence of probable material error or injustice.

     You enlisted in the Navy on 28 August 1981 at the age of 17. You served
     for nearly two years without disciplinary incident, but on 24 August
     1983 you were convicted by special court-martial (SPCM) of possession
     and use of marijuana. You were sentenced to a letter of reprimand,
     confinement at hard labor for 45 days, and reduction to paygrade E-2.

     On 11 December 1984 you were convicted by SPCM of four periods of
     failure to go to your appointed place of duty, wrongful possession of
     drug paraphernalia, wrongful possession of marijuana, and wrongful use
     of marijuana. You were sentenced to confinement at hard labor for three
     months, a $1,200 forfeiture of pay, reduction to paygrade E-1, and a
     bad conduct discharge (BCD). Subsequently, the BCD was approved at all
     levels of review, and on 19 December 1985 you were so discharged.

     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 you were having marital
     problems. Nevertheless, the Board concluded these
     factors and contention were not sufficient to warrant
     recharacterization of your discharge because of your serious and
     repetitive drug related misconduct, which resulted in two court-martial
     convictions. 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, 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.

                                        Sincerely,



                                        W.    DEAN PFEIFFER
                                        Executive Director

























                                      2

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