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NAVY | BCNR | CY2001 | 01100-01
Original file (01100-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TJR
Docket No: 1100-01
26 July 2001

Dears

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 17 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 29 June 1979 at the
age of 18.
Your record reflects that you served for a year and
four months without disciplinary incident but on 16 October 1981
you received nonjudicial punishment (NJP) for a three day period
of unauthorized absence (UA).
restriction for 45 days, a $350 forfeiture of pay, and a
suspended reduction in rate.
NJP for dereliction of duty.
forfeiture of pay and extra duty for 10 days.

On 23 December 1981 you received
The punishment imposed was a $50

The punishment imposed was

Your record further reflects that on 11 May and again on 29
November 1982 you received NJP for failure to obey a lawful
order, misappropriation of government property, making a false
official statement, misbehavior as sentinel, and two
specifications of possession of marijuana.

On 30 November 1982 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and drug abuse.
consult with legal counsel,

You then waived your rights to
present your case to an

administrative discharge board, or to submit a statement in
rebuttal to the discharge.
officer recommended you be issued an other than honorable
discharge by reason of misconduct due to a pattern of misconduct
Subsequently, the discharge authority directed
and drug abuse.
an other than honorable discharge by reason of misconduct and on
11 December 1982 you were so discharged.

On 3 December 1982 your commanding

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 you were told
that your discharge would be upgraded if you stayed out of
trouble for at least six months after your separation.
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.
Further, no discharge is automatically upgraded due to the
passage of time and/or an individual's good behavior after
discharge.
concluded your discharge was proper as issued and no change is
warranted.

Given all the circumstances of your case, the Board

However,

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

2



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