DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3342-99
29 October 1999
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 26 October 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that on 20 July 1983 you
The Board found you enlisted in the Navy on 27 December 1982 at
the age of 18.
received nonjudicial punishment (NJP) for wrongful use of
marijuana.
$572, restriction and extra duty for 45. days, and reduction to
paygrade E-1.
a urinalyses, and were diagnosed as drug dependent.
The punishment imposed was forfeitures totalling
You later tested positive for further drug use on
Subsequently, you were notified of pending administrative
separation action.
consult with legal counsel or to present your case to an
administrative discharge board.
Shortly thereafter, the
discharge authority directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct and on
23 November 1983 you were so discharged.
At this time you waived your rights to
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you would like
your discharge upgraded.
However, the Board concluded these
factors were not sufficient to warrant a change in the
characterization your discharge given the seriousness of your
drug related misconduct.
Given all the circumstances of your
case, the Board concluded your discharge was proper as issued and
no change is warranted.
denied.
Accordingly, your application has been
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.
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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