DEPARTMENT OF
THE NAVY
BOARD FOR
CORRECTlO% OF NAVAL
RECO.RDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 898-01
18 July 2001
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 10 July 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 Navy on 30 May 1980 at the
Your record reflects that you served for nearly a
age of 18.
year without disciplinary infractions,
but on 29 May 1981 you
received nonjudicial punishment (NJP) for larceny.
punishment imposed was a $400 forfeiture of pay, restriction for
60 days, and a reduction in rate.
The
On 13 January and again on 23 March 1982 you received NJP for a
13 day period of unauthorized absence (UA), wrongful use of
marijuana, and absence from your appointed place of duty.
The punishment imposed was
paygrade E-2.
Your record further reflects that on 12 May 1983 you received NJP
for wrongful use of marijuana.
restriction and extra duty for 45 days, a $704 forfeiture of pay,
and reduction to
1983, you were notified of pending administrative separation
action by reason of misconduct due to drug abuse.
consulting with legal counsel you elected to present your case to
an administrative discharge board (ADB).
On 3 June 1983 an ADB
recommended you be issued a general discharge by reason of
Shortly thereafter, on 17 May
After
misconduct due to drug abuse.
commanding‘officer recommended you be issued an other than
honorable discharge by reason of misconduct due to drug abuse and
in accordance with the Navy's zero tolerance policy for drug use.
Subsequently, the discharge authority directed a general
discharge by reason of misconduct due to drug abuse, and on 19
July 1983 you were so discharged.
However, on 17 June 1983, your
However, the Board concluded these factors
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 because you
were proficient as an engineer you should have received a fully
honorable discharge.
and contention were not sufficient to warrant recharacterization
of your discharge because of the serious nature of your
repetitive drug related misconduct.
discharged by reason of misconduct normally receive discharges
Accordingly, you were
under other than honorable conditions.
fortunate to receive a general discharge.
circumstances of your case,
was proper as issued and no change
your application has been denied.
the Board concluded your discharge
Accordingly,
Further, individuals
Given all the
is warranted.
The names and votes of the members
upon request.
of the panel will be furnished
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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