DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 11-01
25 June 2001
Dear dane
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 12 June 2001. 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 23 March 1983 after
four years of prior honorable service. Your record reflects that
you continued to serve without disciplinary incident until 19
October 1984 when you received nonjudicial punishment (NJP) for
dereliction in the performance of your duties and wrongful use of
marijuana. The punishment imposed was a $500 forfeiture of pay,
reduction in rate, and extra duty and restriction for 30 days.
Your record further reflects that on 3 July 1985 you received NJP
for wrongful use of marijuana and were awarded a $200 forfeiture
of pay, reduction to paygrade E-2, and restriction and extra duty
for 45 days. Shortly thereafter, on 16 August 1985, you received
NJP for disobedience and were awarded a $100 forfeiture of pay,
reduction to paygrade E-1, and extra duty and restriction for 30
days.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and drug abuse. At this time you waived your rights
to consult with legal counsel, present your case to an
administrative discharge board, or to submit a statement in
rebuttal to the discharge. On 28 August 1985 your commanding
officer recommended you be issued an other than honorable
discharge by reason of misconduct due to a pattern of misconduct
and drug abuse. On 4 September 1985 the discharge authority
directed an other than honorable discharge by reason of
misconduct, and on 13 September 1985 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and your contentions that you did
not receive treatment for your drug abuse and honorably completed
your term of service. However, the Board concluded these factors
and contention were not sufficient to warrant recharacterization
of your discharge because of the serious nature of your
repetitive misconduct. Also, there is no evidence in your
record, and you submitted none, to support your contentions.
Further, in 1980, you received counselling and treatment at a
Navy Counselling and Assistance Center when you applied for a
drug extension. 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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