DEPARTMENT OF THE ’NAVY
BOARD FOR
CORRECTI& OF NAVAL
RECO-RDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1070-01
18 July 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 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 9 January 1984 at the
Your record reflects that on 6 and 26 July 1984 you
age of 20.
lawful order.
received nonjudicial punishment (NJP) for three specifications
each of failure to go to your appointed place of duty and failure
to obey a
for wrongful use of a controlled substance.
imposed was a $596 forfeiture of pay and extra duty and
restriction for 45 days.
you received your fourth NJP for a day of unauthorized absence
(UA) and wrongful use of a controlled substance. The punishment
imposed was a $576 forfeiture of pay and restriction and extra
duty for 45 days.
On 10 November 1984 you received NJP
Shortly thereafter, on 8 November 1984,
The punishment
On 9 November 1984 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse, a
pattern of misconduct, and commission of a serious offense.
then waived your rights to consult with legal counsel, present
your case to an administrative discharge board, or to submit a
You
statement in rebuttal to the discharge.
commanding officer recommended you be issued an other than
honorable discharge by reason of misconduct due to drug abuse, a
pattern of misconduct, and commission of a serious offense.
Subsequently, the discharge authority directed an other than
honorable discharge by reason of misconduct due to a pattern of
misconduct and frequent involvement of a discreditable nature
with civil or military authorities,
were so discharged.
and on 12 December 1984 you
On 27 November 1984 your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
However, the Board concluded these
your youth and immaturity.
factors were not sufficient to warrant recharacterization of your
discharge because of the serious nature of your drug related
misconduct.
concluded your discharge was proper as issued and no change is
warranted.
Given all the circumstances of your case, the Board
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
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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