DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
28 December 2001
1484-01’
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the 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 6 December 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. In addition, it considered the
comments of your counsel.
Your allegations of error and
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
The Board found that you enlisted in the Navy on 17 October 1984. You received
nonjudicial punishment on four occasions for multiple violations of the Uniform Code of
Military Justice, and were identified as a marijuana user on two separate urinalyses. You
were
disch8rged by reason of misconduct-drug abuse/use on 23 September 1986.
There is no indication in the available records that your misconduct was the product of a
mental disorder, or that you were unfit to perform your duties by reason of a physical
disability. The rationale for the recent determination by certain officials of the Department
of Veterans Affairs to the effect that your misconduct should be excused because of
“an
ongoing problem with alcohol ” is not apparent in the available record, and that determination
was rejected by the Board. As you have not demonstrated that you discharge ’was erroneous
or unjust, the Board was unable to recommend any corrective action in your case.
Accordingly, your application has been denied.
panel will be furnished upon request.
The names and votes of the members of the
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
In this
and material evidence or other matter not previously considered by the Board.
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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