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NAVY | BCNR | CY1999 | 02900-99
Original file (02900-99.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 NAVY ANNEX 

WASHINGTON DC  20370-51 00 

ELP 
Docket No. 2900-99 
1 September 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 25 August 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 Naval Reserve on 
10 December 1993 for eight years at age 23.  You were ordered 
active duty as an AN  (E-3) for a period of 36 months on 
27 December 1993.  The following day you signed a statement that 
you had been briefed concerning the Navy's policy on Drug and 
Alcohol Abuse and understood the consequences of illegal drug 
use, the effects of illegal drugs on discipline and combat 
readiness, the consequences of drug trafficking, the physical and 
psychological effects of drug abuse, and the Navy's urinalysis 
screening program.  On 31 December 1993, you were briefed on the 
Veterans' Education Assistance Act of 1984  (G.I. Bill) and- 
informed that you must receive an honorable discharge in order to 
be entitled to benefits under the G.I. Bill.  You were assigned 
to the fleet upon completion of recruit training. 

The record reflects that you served without incident until 
7 March 1995 when a Navy drug laboratory reported that you had 
tested positive for marijuana.  On the same date, you signed a 

statement indicating that on the evening of 14 February 1995, you 
left an llafter-hoursll bar with two civilian females who offered 
you a llhitll off of a rolled cigarette.  You alleged that being 
under the influence of alcohol, you accepted. 

On 23 March 1995 you received nonjudicial punishment (NJP) for 
use of marijuana.  Punishment imposed consisted of forfeitures of 
$458 per month for two months, reduction in rate to AA  (E-2), and 
45 days of restriction and extra duty. 

On 12 June 1995 you were notified that discharge under other than 
honorable conditions was being considered by reason of misconduct 
due to drug abuse.  You were referred for a drug and alcohol 
dependency screening on 21 June 1995.  A  medical officer 
determined that you were not dependent on drugs or alcohol, but 
had engaged in ill-advised alcohol abuse.  Thereafter, you were 
advised of your procedural rights and, after consulting with 
counsel, elected to appear before an administrative discharge 
board  (ADB).  On 13 November 1995, an ADB found that you had 
committed misconduct due to drug abuse and recommended separation 
with a general discharge.  The commanding officer concurred with 
the ADB findings and, on 17 January 1996, the Chief of Naval 
Personnel directed a general discharge by reason of misconduct. 
You were so discharged on 19 January 1996. 

On 9 December 1996, the Naval Discharge Review Board denied your 
request for changes in the characterization of service and the 
reason for discharge. 

In it review of your application, the Board conducted a careful 
search of your service record for any mitigating factors which 
might warrant a recharacterization of your general discharge. 
However, no justification for such a change could be found.  The 
Board noted the issues you presented to the NDRB, your statement 
expressing regret for the mistake which led to your discharge, 
the letter of reference, and the letter certifying your 
successful completion of an intensive outpatient rehabilitation 
program.  However, the Board further noted that at the time of 
your enlistment you were older than the average recruit and a 
high school graduate with average intelligence.  It appeared to 
the Board that you possessed all the requisite skills for 
successfully completing your period of active duty.  The record 
also indicates that you were well aware of the consequences of 
using illegal drugs.  The Board believed that you were fortunate 
that the ADB  recommended you for a general discharge since most 
individuals separated for using drugs are discharged under-other 
than honorable conditions.  The fact that educational benefits 
are denied because of your discharge does not provide a valid 
basis for recharacterizing service.  Your administrative 
separation was accomplished in compliance with applicable 
regulations.  There is no indication that any procedural errors 

jeopardized your rights. The Board concluded that the discharge 
was proper 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  P F E I F F E R  
Executive Director 



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