DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4254-08
26 January 2009
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 23 January 2009. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 17 August 1979, you reenlisted in the Marine Corps at age 19
after a prior period of honorable service. During the period
17 January to 14 April 1980, you had nonjudicial punishment
(NJP) on three occasions and suspended punishment vacated.
Your offenses included assault, possession of hashish, failure
to go to your appointed place of duty, and possession of drug
paraphernalia containing traces of marijuana. On 16 June 1980,
you were counseled regarding your misconduct and informed that
you were being considered for administrative separation due to
your frequent discreditable involvement. During the period
20 July 1981 to 22 October 1982, you had NUP on two occasions
and were convicted by a summary court-martial. Your offenses
included four instances of disobedience of a lawful order and
failure to go to your appointed place of duty. On
26 October 1982, you were warned that further infractions could
result in administrative separation. On 7 November 1982, you
were counseled for illegally killing a beaver while assigned to
a night navigation course. On 16 November 1982, you were
counseled for having possession of shotgun shells and a lock
blade knife and consumption of alcohol in your room. You were
also warned that further infractions could result in
disciplinary action. On 17 December 1982, you had NUP for
failure to obey a lawful order by having shotgun shells in your
room. You were also warned that further infractions could
result in disciplinary action or an other than honorable
discharge. On 26 May 1983, you were counseled regarding your
urinalysis that tested positive for marijuana.
On 29 September 1983, you were convicted by a special court -
martial (SPCM) for distribution of lysergic acid diethylamide
(LSD). Your sentence included reduction in rank, forfeitures
of pay, confinement at hard labor, and a bad conduct discharge
(BCD). On 18 October 1983, you had NUP for use of marijuana.
After the BCD was approved at all levels of review, on
26 February 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior
period of honorable service and contention that you only
distributed LSD because you were encouraged to do so by another
Marine. Nevertheless, the Board concluded that these factors
and contention were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct for which you were convicted of by a SPCM.
Furthermore, the record shows that you had eight other
disciplinary actions, some of which were also for drug-related
offenses. Therefore, the Board concluded that the discharge
was proper as issued and no change is warranted. 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. Conseguently, 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 eas
W. DEAN PFEIF
Executive Direcrko
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