DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 7582-98
26 March 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 24 March 1999.
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.
Your allegations of error and
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.
However, during the 18 month period from March 1978 to
The Board found that you enlisted in the Navy on 28 October 1975
for four years at age 18.
The record reflects that you were
advanced to MSSN (E-3) and served for nearly 29 months without
incident.
September 1979, you received four nonjudicial punishments (NJP)
and were convicted by two summary courts-martial and a special
court-martial.
unauthorized absence (UA) totalling about 97 days, absence from
your appointed place of duty, possession of a pipe with marijuana
residue, missing movement, breaking restriction, violation of a
general order by climbing over a perimeter fence, two instances
of possession of marijuana, possession of drug paraphernalia, and
failure to perform extra duty and restriction.
Your offenses consisted of eight periods of
On 4 October 1979, the Chief of Naval Personnel authorized your
transfer to a naval drug rehabilitation center for treatment. An
evaluation by the rehabilitation center on 20 October 1979
You were not
Thereafter, you were notified
You were advised of your procedural rights,
indicated that you were considered not amenable for treatment due
to your lack of desire to change your behavior, and noted that
you did not appear to be drug dependent.
On 31 October 1979, you refused
recommended for retention.
rehabilitation and signed a statement that you understood the
ramifications of such a refusal.
that you were being considered for discharge under other than
honorable conditions by reason of misconduct due to your frequent
involvement of a discreditable nature with military authorities
and drug abuse.
declined to consult with counsel,
administrative discharge board.
an early return to the civilian community in lieu of waiting for
Your request was
final action on the administrative discharge.
On 20 December 1979, the commanding officer
approved.
recommended that you be discharged under other honorable
conditions by reason of misconduct due to frequent involvement
with military authorities and drug abuse.
of Naval Personnel that you had been discharged on 31 October
1979.
on 17 January 1980 and directed discharge under other than
honorable conditions by reason of frequent involvement of a
discreditable nature with military authorities.
The Chief of Naval Personnel approved the recommendation
and waived your r-ight to an
On the same date, you requested
He advised the Chief
the Board carefully weighed
In its review of your application,
all potentially mitigating factors such as your youth and
immaturity and the fact that it has been nearly 20 years since
your were discharged.
The Board concluded that these factors
were insufficient to warrant recharacterization of your discharge
given your record of four
courts-martial and a special courts-martial.
aggravating factor that you waived your right to an ADB, the one
opportunity you had to show why you should be retained or
discharged under honorable conditions.
NJPs and convictions by two summary
You have provided neither
The Board noted the
. probative evidence nor a convincing argument in support of your
The Board concluded that you were guilty of too
application.
much misconduct to warrant recharacterization of your discharge
to honorable or under honorable conditions.
concluded 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.
The Board thus
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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