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NAVY | BCNR | CY2002 | 06179-01
Original file (06179-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD  FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

'Dear

S

TJR
Docket No:  
19 February 2002

6179-01

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 12 February 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.

Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,

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 23 June 1980
Your record reflects that on 29 October 1981
at the age of 18.
you received nonjudicial punishment (NJP) for absence from your
appointed place of duty and were awarded a $90 forfeiture of pay
and extra duty for 14 days.

On 18 January 1982 you received NJP for absence from your
appointed place of duty and were awarded a $149 forfeiture of pay
and extra duty for 14 days.
,for failure to obey a lawful order and were awarded a $50
forfeiture of pay.

On 28 December 1982 you received NJP

Your record contains an administrative remarks entry which notes
that on 5 June 1983 you were counselled regarding an unspecified
period of unauthorized absence (UA),
military appearance,
duty, and assault.
received NJP for failure to go to your appointed place of duty,
and assault.

failure to be at your appointed place of
Shortly thereafter, on 21 June 1983, you

The punishment imposed was a $171 forfeiture of pay

failure to maintain a proper

and restriction for 14 days.
your fifth NJP for wrongful use of marijuana.
imposed was a $400 forfeiture of pay,
for 30 days, and a reduction to 

paygrade  E-2.

On 31 October 1983 you received
The punishment

restriction and extra duty

Your record further reflects that on 12 January 1984 you were
notified of pending administrative separation action by reason of
misconduct due to a pattern of misconduct.
waived your rights to consult with legal counsel and to present
your case to an administrative discharge board.
officer recommended an other than honorable discharge by reason
of misconduct due to frequent involvement of a discreditable
nature with military authorities as evidenced by the five  
NJPs.
On 25 January 1984, a staff judge advocate (SJA) found that the
administrative discharge action was sufficient in law and fact
and recommended discharge by reason of misconduct due to drug
abuse.
other than honorable discharge,
so discharged.

On 31 January 1984 the discharge authority directed an

and on 17 February 1984 you were

At that time you

Your commanding

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
unfairly treated and that your misconduct only consisted of
oversleeping on a couple of occasions and being in a fight.
However, the Board concluded these factors and contentions were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in five
 
and included the use of drugs.
Given all the circumstances of
your case, the Board concluded your discharge was proper as
issued and no change is warranted.
has been denied.

Accordingly, your application

NJPs

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



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