DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00438-12
15 October 2012
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 3 October 2012. 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 reenlisted in the Marine Corps on 27 September 1979, after
serving honorably for over seven years. On 22 July 1981, you
were convicted by a general court-martial (GCM) of assault with
intent to commit murder. You were sentenced to a reduction in
pay grade, and confinement at hard labor for two months. On 11
April 1983, you were enrolled in an alcohol rehabilitation
program. However, you were dropped from the treatment program
due to your refusal to participate. On 30 November 1983, you
provided a urine sample that tested positive for wrongful use of
marijuana. Administrative separation action was initiated by
reason of misconduct (drug abuse). You requested to have your
case heard by an administrative discharge board (ADB), and then
later waived your right. Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct (drug abuse). On 7
June 1984, the discharge authority directed an OTH discharge by
reason of misconduct (drug abuse). On 25 June 1984, you
received the OTH discharge due to misconduct (drug abuse). At
that time you were assigned an RE-3B reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge,
given your record of conviction by a GCM and positive urinalysis
for wrongful use of marijuana. The Board noted that you waived
your right to an ADB, your best opportunity for retention or a
more favorable characterization of service. 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,
FAW. DEAN PFEIFFER
Fxecutive Director
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