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NAVY | BCNR | CY2007 | 04884-07
Original file (04884-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 04884-07
3 March 2008



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 26 February 2008. 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 23 May 1980 at age 19. On 11 March 1981, you received nonjudicial punishment (NJP) for a three-day period of unauthorized absence (UA). Based on the information currently contained in your record it appears that on 14 April 1981, you were convicted by summary court-martial (SCM) of two periods of hA totaling 43 days. On 6 July 1981, you were counseled for testing positive for phencyclidine (PCP). On 13 July 1981, you received a second NJ? for a brief period of UA. On 4 August 1981, you received a general discharge under the Marine Corps expeditious discharge program.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of two NJP’s, drug abuse, and conviction by SCM. Clearly, you were
 fortunate to receive a general discharge under the circumstances, since most individuals discharged for misconduct receive other than honorable discharges. 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 Di rector

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