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NAVY | BCNR | CY2004 | 09178-04
Original file (09178-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                  TJR
                                                                                          Docket No: 9178-04
                                                                                          29 August 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 16 August 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 May 1980 at age 24. On 22 October 1980 you received nonjudicial punishment (NJP) for wrongful possession of an examination answer sheet and were awarded a $440 forfeiture of pay and extra duty for 30 days, which was suspended for six months.
On 28 October 1981 you were convicted by foreign civil authorities of violation of cannabis control law as evidenced by illegal possession of marijuana, conspiracy and attempt to import and/or smuggle marijuana for profit, and importing and smuggling marijuana into a foreign country. You were sentenced to imprisonment at forced labor for one year and two months and court costs.
On 3 December 1981 you were notified of pending administrative separation action by reason of misconduct due to the civil conviction and frequent involvement of a discreditable nature with military and civilian authorities. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). Subsequently, your
 commanding officer recommended an other than honorable discharge by reason of misconduct due to civil conviction by foreign authorities. On 18 December 1981 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 18 June 1982 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and assertion that you were not given the opportunity to defend yourself. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzation of your discharge because of the seriousness of your drug related misconduct in both the military and civilian communities. Finally, the Board noted that the record reflects that you were given an opportunity to defend yourself, but waived your right to present your case to an AIDE. 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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