Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No:
28 August 200 0
2085-00
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 22 August 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
together with all material submitted in support
your application,
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.
On 7 July 1983 you were convicted by summary
The Board found you enlisted in the Navy on 28 June 1982 at the
Your record reflects that on 11 March 1983 you
age of 18.
received nonjudicial punishment (NJP) for two incidents of
failure to obey a lawful order and drunk and disorderly conduct/
The punishment imposed was restriction and extra duty
fighting.
for seven days and a $100 forfeiture of pay, which was suspended
for 90 days.
martial (SCM) of wrongful possession and use of marijuana.
were sentenced to a $378 forfeiture of pay, restriction for 60
days, and reduction to
Your record further reflects that on 24 March 1984 you received
NJP for wrongful use of a controlled substance.
imposed was a $200 forfeiture of pay, a reduction in rate.
October 1984 you again received NJP for a five day period of
unauthorized absence (UA) and absence from your appointed place
The punishment imposed was restriction and extra duty
of duty.
for 14 days and a $139 forfeiture of pay.
processed for an administrative separation by reason of
Your commanding officer
misconduct due to drug abuse.
paygrade E-l.
court-
You
The punishment
On 1
Subsequently, you were
recommended you be issued an other than honorable discharge by
reason of misconduct.
The discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct.
November 1984 you were so discharged.
On 9
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, good post service record, and your
contention that you would like your discharge upgraded.
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the serious nature of
your frequent misconduct,
for drug abuse.
Board concluded your discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied.
However,
which included two disciplinary actions
Given all the circumstances of your case, the
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.
Xn 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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