DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No:
10 August 2001
588-Oi
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 7 August 2001.
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.
The Board found you enlisted in the Naval Reserve on 30 August
1978 at the age of 17.
period from 26 April to 24 August 1979 you received nonjudicial
punishment (NJP) on three occasions for absence from your
appointed place of duty,
failure to obey a lawful order,
and three incidents of having alcoholic
possession of marijuana,
beverages aboard your ship.
Your record reflects that during the
Your record further reflects that on 8 February 1980 you were
convicted by special court-martial (SPCM) of failure to obey a
lawful order, possession of marijuana, breaking
wrongful appropriation of government property valued at $56.
were sentenced to reduction to
pay, and confinement at hard labor for 45 days.
you received NJP for failure to go to your appointed place of
duty.
During the period from 18 August to 25 September 1980 you
received NJP on four more occasions for 10 specifications of
failure to obey a lawful order,
of marijuana, disrespect,
from your appointed place of duty.
The punishment imposed was a $100 forfeiture of pay.
You
paygrade E-l, a $450 forfeiture of
two specifications of possession
communicating a threat, and absence
restrictioni'and
On 3 June 1980
On 23 October 1980 your
On 26 September 1980 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
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.
commanding officer recommended you be issued an other than
honorable discharge by reason of misconduct due drug abuse. On
21 November 1980 you received NJP for possession and consumption
The punishment
of alcoholic beverages in an unauthorized area.
imposed was bread and water for three days.
discharge authority directed an other than honorable discharge by
reason of misconduct and on 19
discharged.
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 supporting documentation.
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge because of the
serious nature of your repetitive drug related misconduct.
all the circumstances of your case,
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
the Board concluded your
Subsequently, the
December 1980 you were so
You
Given
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
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