DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 1216-01
16 August 2001
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
applicati,on for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 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.
Your record reflects that you served for two
The Board found you enlisted in the Navy on 15 January 1980 at
the age of 19.
years without disciplinary incident but on 5 March 1982 you
received nonjudicial punishment (NJP) for use of marijuana.
The
punishment imposed was a forfeiture of pay, restriction and extra
duty for 45 days, and a reduction in rate.
About a month later,
on 16 April 1982, you received NJP for possession of marijuana
and were awarded a reduction in rate,
for 45 days and a forfeiture of pay.
your third NJP for disrespect and were awarded a restriction and
extra duty for 15 days and a $100 forfeiture of pay.
restriction and extra duty
On 29 May 1982 you received
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities.
the discharge authority directed an other than honorable
discharge by reason of misconduct.
discharged.
On 6 July 1982 you were so
On 2 July 1982
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 'have paid
for your mistakes and would like your discharge upgraded.
However, the Board concluded these factors and contention were
not sufficient to warrant recharacterization of your discharge
because of the serious nature of your repetitive 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
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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