DEPARTMENT OF THE NAVY
OARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
Docket No: 8408-02
18 December 2002
This is in reference to your
provisions of title 10 of the
cation for correction of your naval record pursuant to the
ted States Code, section 1552.
A three-member panel of
session, considered your
injustice were reviewed in
applicable to the proceedin
consisted of your appli
naval record
records were
lost.
d for Correction of Naval Records, sitting in executive
n on 12 December 2002. Your allegations of error and
ante with administrative regulations and procedures
this Board. Documentary material considered by the Board
together with all material submitted in support thereof, your
s, regulations and policies. You medical and dental
at some time prior to your discharge, and are presumed
After careful and conscienti us consideration of the entire record, the Board found that the
rcient to establish the existence of probable material error or
evidence submitted was insu
injustice.
Board found that you e listed in the Marine Corps on 2 1 May 1991. On 30 October
The
1992 you were convicted by special court-martial of two absences without authority, wrongful
use of cocaine, and failing maintain sufficient funds in a bank account to cover the
payment of four checks you ad written. The sentence included a bad conduct discharge,
confinement for 79 days, fo eiture of $500.00 pay per month for three months, and reduction
You ente ed into an appellate leave status on 13 January 1993, and were
to pay grade E-l.
discharged with a bad
appellate review of your con
condu t discharge on 13 February 1995, upon the completion of
iction and sentence.
indicati n in the available records that you were unfit by reason of
The Board found no
8”
physical disability at the tim of your discharge, or that you were pending a “section
discharge at any time during your enlistment. It noted that as a bad conduct discharge takes
precedence over disability ev uation processing, you would not have been entitled to
c
separation or retirement by reason of physical disability even if you had been unfit for duty.
The Board concluded that i view of the number and severity of your offenses, your limited
period of creditable servi
prior to your conviction, and the absence of significant matters in
ere is no basis for upgrading your discharge. Accordingly, your
extenuation or mitigation,
. The names and votes of the members of the panel will be
application has been
deni
furnished upon request.
circ
mstances of your case are such that favorable action cannot be
You are entitled to ave the Board reconsider its decision upon submission of new and
It is regretted that the
taken.
material evidence or other
important to keep in mind
Consequently, when
applicant to demonstrate th existence of probable material error or injustice.
atter not previously considered by the Board. In this regard, it is
at a presumption of regularity attaches to all official records.
applyi g for a correction of an official naval record, the burden is on the
:
W. DEAN PFEIFFER
Executive Director
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