DEPARTMENT OF THE NAVY
BOARD FOR
CORRECTtON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 61-01
25 June 2001
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 12 June 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
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.
The Board found you enlisted in the Navy on 25 October 1979 at
the age of 21.
and drug abuse prevention education, during which you
acknowledged that drug use was a violation of the Uniform Code of
Military Justice, and were advised of various drug rehabilitation
programs.
In May 1980 you underwent four hours of alcohol
Your record reflects that on 26 June 1980 you received
nonjudicial punishment (NJP) for larceny and were awarded a $500
Shortly
forfeiture of pay and a suspended reduction in rate.
thereafter, on 27 August 1980, you received NJP for possession of
marijuana and were awarded a $500 forfeiture of pay and
restriction and extra duty for 30 days.
incident until
wrongful use of marijuana.
and restriction for 45 days and reduction to
May 1983 you were notified of pending administrative separation
action by reason of misconduct due to drug abuse.
you waived your rights to consult with legal counsel, present
your case to an administrative discharge board, or to submit a
The punishment imposed was extra duty
On 17
1'2 May 1983 when you received your third NJP
You then served without
paygrade E-3.
At this time
In connection with
statement in rebuttal to the discharge.
separation processing, you were found not to be drug dependent.
After your commanding officer recommended you be issued an other
than honorable discharge by reason of misconduct due to drug
abuse, the discharge authority directed an other than honorable
On 23 May 1983 you were so
discharge by reason of misconduct.
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, personal problems, and your contention
that you should have received treatment and/or
counselling for
However, the Board concluded these factors
your drug problems.
and contention were not sufficient to warrant recharacterization
of your discharge because of the serious nature of your
repetitive drug related misconduct.
specifically indicate that you received rehabilitation treatment,
you received drug and alcohol abuse education, and were advised
concerning the existence
programs.
It was very clear to the Board that you could have stopped using
drugs if you had desired to do so.
you were given a second chance when you were not processed for
discharge due to drug abuse after the 27 August 1980 NJP, but
were retained in the Navy.
case, the Board concluded your discharge was proper as issued and
no change is warranted.
denied.
Additionally, you were found not to be drug dependent.
of various drug rehabilitation
Although the record does not
Finally, the Board noted that
Given all the circumstances of your
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
You are entitled to have the
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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