DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
										Docket No: 11011-06 
										25 October 2007

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 23 October 2007. 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 6 March 1956 at age 17. At the time of enlistment you had completed seven years of formal education and had a general classification test (GCT) score of 71, which placed you in Mental Group IV. You served without disciplinary incident until 18 October 1956, when you received nonjudicial punishment (NJP) for insubordination.

On 12 February 1957 you were convicted by general court-martial (GCM) of wrongful possession and use of marijuana and wrongful use of heroin. You were sentenced to confinement at hard labor for five years, reduction in rank to private, forfeiture of all pay and allowances, and a dishonorable discharge (DD). Subsequently, the confinement at hard labor was reduced to three years. The GCM authority stated, in part, as follows:

We take no issue with the proceedings, but not that the accused is 18, has been a ‘user’ since 15, and comes from an impoverished and broken family..., he became an addict of marijuana and narcotics, maybe, in large, attributed to an un-cloistered and misguided youth.

On 19 September 1958 you submitted a written request for suspension of the DD and restoration to duty so that you could earn a better discharge. However, on 9 October 1958, this request was denied due to the serious nature of your offenses. After the DD was approved at all levels of review, on 30 December 1958, 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, limited education, and low test scores, it also considered your assertions that you were never in possession of marijuana and were coerced into taking a dishonorable discharge based on what your superiors thought was marijuana. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of the seriousness of your misconduct which not only included wrongful use of marijuana, but also wrongful use of heroin. Finally, there is no evidence in the record, and you submitted none, to support your assertions. 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