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NAVY | BCNR | CY1998 | 08288-98
Original file (08288-98.pdf) Auto-classification: Denied
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 

TJR 
Docket No:  8288-98 
15 July 1999 

Dear 

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 7 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 the evidence submitted was insufficient 
to establish the existence of probable material error or 
injustice. 

The Board found you reenlisted in the Navy on 9 September 1981. 
Your record shows that you served for nearly three years without 
incident but on 23 August  1984 you received nonjudicial 
punishment  ( N J P )   for wrongful use of marijuana.  Shortly 
thereafter, on 22 October 1984, you received NJP for one day of 
unauthorized absence  (UA) . 
Your record contains an adverse enlisted performance evaluation 
for the period from 1 April  1984 to 13 February 1985 in which you 
were identified as a substance abuser.  The evaluation noted, in 
part, as follows: 

(Member's) professional performance has declined 
drastically .... he demonstrates little pride in himself or 
his work habits .... requires constant supervision .... has 
developed trend of absenting himself .... exhibits little 
initiative to improve himself .... has been identified as a 
substance abuser on several occasions through command 
directed and random urinalysis testing .... his military 
appearance and personal demeanor have been well below Navy 

standards .... is an administrative burden .... has been 
experiencing medical problems with his wrist but it is not a 
factor in the majority of tasks assigned to him .... not 
recommended for advancement or retention. 

On 13 February 1985 you received your third N J P   for a day of UA 
and two incidents of wrongful use of marijuana.  The punishment 
imposed was forfeitures totalling $960, restriction for 60 days, 
and reduction to paygrade E-4. 

Your record further reflects administrative remarks  (page 13) 
entries which note that you were absent from your appointed place 
of duty on five occasions during the period from 19 February to 4 
June 1985.  Also during this period, your commanding officer 
noted, in part, as follows: 

.... ( Member) exhibited no potential for future military 
service .... received N J P   on 13FEB85 for two specifications 
of wrongful use of marijuana .... convicted by SPCM for 
desertion  (prior to reenlistment) .... will  process for an 
administrative separation. 

Subsequently, you submitted a written request for an undesirable 
discharge in order to avoid trial by court-martial.  Prior to 
submitting this request, you conferred with a qualified military 
lawyer at which time you were advised of your rights and warned 
of the probable adverse consequences of accepting such a 
discharge.  Your request was granted and your commanding officer 
was directed to issue you an undesirable discharge by reason of 
the good of the service.  As a result of this action, you were 
spared the stigma of a court-martial conviction and the potential 
penalties of a punitive discharge and confinement at hard labor. 
On 9 September 1985 you were issued an other than honorable 
discharged. 

The Board, in its review of your entire record and application, 
carefully considered all mitigating factors, such as your 
contention that you would like your discharge upgraded.  The 
Board further considered your contention that at the time of your 
discharge, your thought processes were effected by medication 
which caused you to make bad decisions.  The Board also 
considered your performance evaluations, letters of rebuttal, and 
character reference letters.  However, the Board found the 
evidence and materials submitted were not sufficient to warrant 
recharacterization of your discharge given the seriousness of 
your drug related misconduct and especially your request for 
discharge.  The Board believed that considerable clemency was 
extended to you when your request for discharge to avoid trial by 
court-martial was approved since, by this action, you escaped the 
possibility of confinement at hard labor and a punitive 
discharge.  Further, the Board concluded that you received the 

benefit of your bargain with the Navy when your request for 
discharge was granted and should not be permitted to change it 
now.  Given all the circumstances of your case the Board 
concluded your 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. 
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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