DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2339-01
10 August 2001
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
8 August 2001.
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.
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.
You enlisted in the Navy on 22 March 1982 for four years at age
The record reflects that you served without incident until
18.
12 October 1982 when you received nonjudicial punishment
(NJP)
for a three day period of unauthorized absence
(UA).
The record reflects that you served without further incident
during the following 36
monthsland were advanced to MS3 (E-3).
However, during the three month period from October to January
1986 you received three
NJPs for two instances of absence from
your appointed place of duty,
absence, disobedience, use of cocaine and larceny.
On 30 January 1986 you were notified that action to admini-
stratively discharge you was being initiated by reason of
misconduct due to drug abuse.
You were advised of your
procedural rights and told that if discharge was approved, it
could be under other than honorable conditions.
a five-hour period of unauthorized
You declined to
consult with legal counsel and waived the right to present your
case to an administrative discharge board
A subsequent
medical officer's evaluation found you to be psychologically
dependent on alcohol, but not physiologically dependent on drugs
or alcohol.
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse.
The Commander, Naval
Military Personnel Command approved the recommendation and you
were so discharged on 14 February 1986.
On 4 February 1986 the commanding officer
(ADB).
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
letters of reference attesting to your good post-service conduct,
and the supporting letter from
your guardianship of your mother,
your congressman.
discharge adversely impacts your employment opportunities and
since discharge, you have been in recovery for more than seven
years with no drug use.
The Board also noted your attorney's
request that you be allowed to appear before a traveling panel
near your home.
The Board noted your contention that the
NJPs, one of which was using cocaine and larceny.
The Board concluded that the foregoing factors were insufficient
to warrant recharacterization of your discharge given your record
of four
The
Board noted you had a period of three years in which you had no
disciplinary actions and that you had nearly completed your
enlistment when you were discharged.
noted the aggravating factor that you waived an ADB, the one
opportunity you had to show why you should be retained or
discharged under honorable conditions.
your first disciplinary actions and your continued misconduct
demonstrated a willful disregard for Navy rules and regulations.
The fact that your discharge negatively impacts on employment
opportunities does not provide a valid basis for recharacterizing
service.
The Board concluded that the discharge was proper and
no change is warranted.
Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request,
However, the Board also
You failed to learn from
You are advised that this Board has no traveling panels at which
you could appear.
At one time, the Naval Discharge Review Board
had traveling panels, but they were discontinued due to budgetary
constraints.
granted and only when, in executive session, the Board determines
that a case cannot be resolved without the individual's presence,
or the individual's appearance would serve some useful purpose.
Your presence was not required for the Board to make a decision.
Personal appearances before this Board are rarely
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
2
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
3
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