D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4225-98
15 July 1999
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 Na-1
Records, sitting in executive session, considered your
application on 13 July 1999. 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.
The Board found that you enlisted in the Navy on 14 August 1980
at age 23. At that time you had completed over two years of
active service in the Marine Corps and were honorably discharged
on 24 May 1979.
The record shows that during the period 23 December 1980 to 18
February 1982 you received nonjudicial punishment (NJP) on six
occasions. Your offenses were two periods of unauthorized
absence totaling about 36 days, several absences from your
appointed place of duty, resisting apprehension, use of provoking
speech, possession of a controlled substances, disobedience and
disrespect.
On 23 September 1982 you received your seventh NJP for possession
and sale of LSD, possession of a dangerous weapon, an
unauthorized absence of about three days, disobedience and
disrespect.
Based on the foregoing record you were processed for an
administrative discharge due to drug abuse. You were then an
unauthorized absentee from 23 to 30 November 1982. An
administrative discharge board met on 3 December 1982 and
recommended that you be discharged for misconduct with a
discharge under other than honorable conditions. On 7 December
1982 you received your eighth NJP for an unspecified period of
unauthorized absence (probably the foregoing seven day period),
and breaking restriction. On 8 February 1983 the discharge
authority approved the recommendation of the administrative
discharge board. However, you were not discharged until 6 May
1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and your contention that the 23 September 1982 NJP was
improper because the drug charge was based solely on the
testimony of an NIS informant who lied, and that your appeal of
the NJP was not considered. The Board found that these factors
and contentions were not sufficient to warrant recharacterization
of your discharge given your extensive record of misconduct and
especially the NJP for use and sale of LSD. Concerning the 23
September 1982 NJP, the Board was aware that regulations allow
for the destruction of NJP evidence after two years and,
therefore, the Board can not verify whether or not your appeal of
the NJP was submitted or properly processed. However, the Board
was aware that there was no mention of an NJP appeal in the
transcript of the administrative discharge board. The Board
concluded that in the absence of evidence to the contrary, the
commanding officer did not abuse his discretion when he imposed
NJP for the use and sale of LSD. The Board further concluded
that the discharge was proper as issued and no change is
warranted.
A ~ ~ o r d i n g l y , 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
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