DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4611-04
14 March 2005
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 8 March
2005. 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 28 August 1972 at age 17. During
the period from 19 March to 31 August 1973 you received nonjudicial
punishment (NJP) on three occasions for three periods of unauthorized
absence (UA) totalling 47 days and breaking restriction. On 31 October
1973 you were convicted by special court-martial (SPCM) of a one day
period of UA, wrongful possession of marijuana, theft of a pair of
wedding rings valued at $140, and $50 in cash. You were sentenced to
confinement at hard labor for three months and a $860 forfeiture of
pay.
On 19 December 1973 you were notified of pending administrative
separation action by reason of unfitness due to drug abuse. At that
time you waived your right to consult with legal counsel and to
present your case to an administrative discharge board. On 8 January
1974 your commanding officer recommended an undesirable discharge by
reason of unfitness due to drug abuse. The discharge authority
approved this recommendation on 14 February 1974 and directed an
undesirable discharge. On 22 February 1974 you were so separated.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and
assertion that you were too young to enter into a contract for enlistment
or to enlist without parental signatures. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization of your
discharge because of the serious nature of your repetitive misconduct which
included the wrongful possession and use of dangerous drugs and theft of
personal property from fellow Marines, and resulted in three NJPs and a
court-martial conviction. Accordingly, your application has been denied.
In regards to your age at the time of enlistment, the record contains
conflicting documentation showing that you were 17 or 18 years of age.
However, even if you were only 17 when you entered the Marine Corps, and
did so without parental consent, you were over 18 when all of your
misconduct occurred.
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
2
NAVY | BCNR | CY2001 | 02231-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 September 2000. 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 and applicable statutes, regulations, thereof, your naval record, and policies. Given all the...
NAVY | BCNR | CY2007 | 02351-07
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.On 28 September 1972, you enlisted in the Marine Corps at age 17 with parental consent. On 18...
NAVY | BCNR | CY2006 | 02351-07
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.On 28 September 1972, you enlisted in the Marine Corps at age 17 with parental consent. On 18...
NAVY | BCNR | CY2006 | 01172-07
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 23 May 1972 at age 18. On 19 September 1973 you were again...
NAVY | BCNR | CY2005 | 03286-05
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, advisory opinion, 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 17 December 1973 at age 17 with parental...
NAVY | BCNR | CY2001 | 00360-01
evidence in available medical records that you were referred for psychiatric evaluation. On 26 August 1980 the Naval Discharge Review Board (NDRB) denied your request for recharacterization of your discharge. The Board concluded that the foregoing factors and contentions were insufficient to warrant recharacterization of your discharge given your record of four NJPs and the serious nature of the charges of which you were convicted by civil authorities.
NAVY | BCNR | CY2004 | 09154-04
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 July 1970 at age 17 and served for a year without disciplinary...
NAVY | BCNR | CY2008 | 06362-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 2009. 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...
NAVY | BCNR | CY2006 | 04904-06
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 Navy on 22 March 1966 at age 19. Although no disciplinary action was taken for...
NAVY | BCNR | CY2001 | 00327-01
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. However, during the seven month period from March 1973 to October 1973 you received four nonjudicial punishments ( N J P ) and were convicted by a summary court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...