DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 00299-08
10 September 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 4 September 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 27 January 1965 at age 18.
Between 21 March 1966 and 13 February 1969 you received six
nonjudicial punishments, one summary court-martial and one
special court-martial. Your offenses consisted of absence from
duty, three hours of unauthorized absence, failure to rise at
reveille, unauthorized absence of 12 hours, unauthorized absence
of two days, absence from duty, failure to go to appointed place
of duty, unauthorized absence of 31 days and breaking
restriction. On 8 March 1969 an administrative discharge board
(ADB) found that you used and sold marijuana as well as heroin
at the Naval Station, Brooklyn, New York. The ADB recommended
that you be issued an undesirable discharge which you received
on 2 April 1969.
The Board concluded that in view of your repetitive acts of
misconduct as well as the seriousness of your drug related
misconduct your discharge was proper as issued and should not be
changed now as a matter of clemency.
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,
\o Doan
W. DEAN PFEIFFE
Executive Direct
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