DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION O F NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 9783-02
7 May 2003
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NO AVAILABLE ADDRESS
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 29 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 6 May 1980 at age 18. You
then served without incident until 6 May 1982, when an entry was
made in your record to document that you were being retained in
the Marine Corps despite a positive urinalysis for PCP. On 6
January 1983 you were apprehended for possession of marijuana.
Based on the foregoing record, you,were processed for an
administrative discharge. An administrative discharge board met
on 19 April 1983, found that you had committed misconduct due to
drug abuse, and recommended discharge under other than honorable
conditions. After review, the discharge authority directed
discharge under other than honorable conditions. On 11 May 1983,
you received nonjudicial punishment for drinking alcohol in an
unauthorized area. You were discharged under other than
honorable conditions on 13 May 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, period of
good service and your contentions that the discharge was too
severe given that the other individual who was apprehended for
possession of marijuana with you was a sergeant, he was in
possession of marijuana with you was a sergeant, he was in
possession of more marijuana than you, and he received a general
discharge. The Board found that these factors and contentions
were not sufficient to warrant recharacterization of your
discharge given your two instances of drug related misconduct.
The arrest report you submitted shows that the sergeant was found
in possession of a pipe containing suspected marijuana residue
and 2.1 grams of marijuana. You were found in possession of . 3
grams of marijuana. The Board obtained the record of that
sergeant. His record shows that he enlisted in the Marine Corps
on 29 June 1979 and served without incident for over three and a
half years and was promoted to sergeant. The arrest for
possession of marijuana is the only derogatory entry in his
record. The Board thus concluded that the administrative
discharge boards and the discharge authority had a sufficient
basis to reach different conclusions in the two cases.
Therefore, the Board concluded that your discharge was proper as
issued and no change is warranted.
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
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