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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