DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6976-02
24 April 2003
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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 22 April 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 Marine Corps on 13 August 1981 at age of 18. On 28 May
1982 you received nonjudicial punishment (NJP) for wrongful possession and
use of marijuana and dereliction in the performance of your duties. The
punishment imposed was a $400 forfeiture of pay, extra duty and
restriction for 35 days, and reduction to paygrade E-2.
Your record contains an administrative remarks (page 9) entry which states
that on 8 October 1983 you were given a shellback certificate for crossing
the equator.
On 3 May 1985 you received NJP for wrongful use of marijuana and were
awarded a $762 forfeiture of pay, restriction and extra duty for 45 days,
and reduction to paygrade E-3.
Subsequently, you were notified of pending administrative separation action
by reason of misconduct due to drug abuse. After consulting with legal
counsel you elected to present your case to an administrative discharge
board (ADB). On 25 July 1985 an ADB recommended an other than honorable
discharge by reason of misconduct. Your commanding officer then recommended
an other than honorable discharge by reason of misconduct due to drug
abuse. On 8 August 1985 the discharge authority approved this
recommendation and directed separation under other than honorable
conditions, and on 12 August 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. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge because of the
two instances of drug related misconduct. Accordingly, your application has
been denied.
The Board further noted your request for a copy of the shellback
certificate you were given for crossing the equator, and have enclosed a
copy as per your request.
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
Enclosure
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