DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8288-98
15 July 1999
Dear WEeiiiniies
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 (NJP) 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 nota
factor in the majority of tasks assigned to him.... not
recommended for advancement or retention.
On 13 February 1985 you received your third NJP 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 NJP 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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