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NAVY | BCNR | CY2004 | 04611-04
Original file (04611-04.doc) Auto-classification: Denied



                           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

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