DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 02673-03
29 August 2003
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 27 August 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
~segulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
‘-;
’
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.
The Board found that you enlisted in the Marine Corps on 15 July
1980 at age 17.
On 17 August 1981 you were convicted by summary
court martial (SCM) of disrespect, and were sentenced to
confinement at hard labor for 30 days,
and a forfeiture of pay.
nonjudicial punishment (NJP) for assault and communicating a
threat, and were awarded a reduction to
of pay, and restriction.
a second SCM for using cocaine,
at hard labor for 30 days and a forfeiture of pay.
paygrade E-l, forfeitures
On 26 March 19'82, you were convicted by
and were sentenced to confinement
On 4 February 1982 you received
paygrade E-2,
reduction to
On 21 June 1982, a medical officer concluded that you were
neither drug dependent nor in need of treatment.
1982, the commanding officer recommended an administrative
separation by reason of frequent involvement of a discreditable
nature with military authorities.
Although not in the record, it
On 22 June
appears that you waived all of your procedural rights.
July 1982, the separation authority directed an other than
honorable discharge by reason of frequent involvement of a
discreditable nature and,
on 18 August 1982, you were so
discharged.
On 18
the Board carefully weighed all
In its review of your case,
potentially mitigating factors such as your youth and
immaturity, and the length of time that has passed since you
were discharged from the Marine Corps.
considered the contentions you made in the statements you
submitted with your application.
these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your frequent
misconduct that resulted in two
that included drug use.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
SCMs and an NJP, for offenses
The Board also
However, the Board found that
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
Executive
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