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
NAVY | BCNR | CY2006 | 02149-06
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 injusticeYou enlisted in the Navy on 19 Narch 1979 at age 18. On 6 November 1980 you were convicted by special...
NAVY | BCNR | CY2002 | 05727-00
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 record reflects that on 30 April 1973 you The Board found you enlisted in the Marine Corps on 12 July 1972 at the age of 19. received nonjudicial punishment (NJP) for a two day period of unauthorized absence (UA) and were awarded a $50 forfeiture of pay, which was suspended. ...
NAVY | BCNR | CY2011 | 00257-11
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. Nevertheless, based on the information currently contained in your record, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your four NUP’s and SPCM conviction of very serious drug related offenses. Consequently, when applying for...
NAVY | BCNR | CY2009 | 12881-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 03374-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and post service conduct. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2007 | 08755-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2008. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and assertion that you were recommended for retention by a review board. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 07498-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2009. It also considered your assertion that you were told that you were being discharged under an “early-out” program and that your discharge would be automatically upgraded six months after your separation from the Marine Corps. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 03575-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2012 | 01536 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 07992-08
A three-member panel of the Board for Correction of Navai Records, sitting in executive session, considered your application on 16 June 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...