DEPARTMENT OF THE
NAV Y
BOARD FOR CORRECTION OF NAVAL
2 NAVY ANNE
X
RECORD
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 2291-01
18 September 2001
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title
States Code, Section 1552.
10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 September 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 27 December 1978 at
the age of 17.
Your record reflects that you served for a year
and nine months without disciplinary incident.
the period from 15 September to 11 October 1980, you were in an
unauthorized absence
(UA) status on two occasions for 16 days.
The record does not indicate what,
was taken for these periods of UA.
received nonjudicial punishment
from your appointed place of duty
forfeiture of pay.
if any, disciplinary action
On 11 December 1980 you
However, during
(NJP) for four periods of absence
and were awarded a $75
Your record further reflects that
on 5 January 1981 you were
convicted by civil authorities of
three specifications of selling
narcotics and were sentenced to confinement for 36 months.
On 8
April 1981, while in the custody of civil authorities, you were
notified of pending administrative separation action by reason of
misconduct due to civil conviction.
After consulting with legal
counsel,
you waived your rights to present your case to an
administrative discharge board or to submit a statement in
rebuttal to the discharge.
Your commanding officer recommended
you be discharged under other than honorable conditions by reason
of misconduct due to civil conviction.
discharge authority directed an other than honorable discharge by
reason of misconduct, and on 31 March 1981 you were so
discharged.
Subsequently, the
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 contentions that you have paid
your dues to society for your mistakes and, should not have to
continue to be deprived of educational and employment
opportunities.
not sufficient to warrant recharacterization of your discharge
because of the serious nature of your drug related misconduct.
Given all the circumstances of your case, the Board concluded
your discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
However, the Board concluded these factors were
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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