DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2517-01
28 June 2001
,
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 26 June 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 25 January 1983 at
the age of 19.
and four months without disciplinary incident but on 26 April
1984 you received nonjudicial punishment (NJP) for wrongful use
of marijuana and were awarded restriction and extra duty
days and a reduction in rate.
Your record reflects that you served for a year
for 11
Subsequently, you were informed that you would be retained in the
Navy, but were warned that further misconduct could result in an
administrative separation.
You were also recommended for drug
abuse rehabilitation treatment.
to a substance abuse rehabilitation program which you
successfully completed on 18 October 1984.
9May
1985, you were recommended for further participation in a drug
abuse treatment program due to your continued use of marijuana.
On 1 June 1984 you were assigned
However, on
On 1 July 1985 you received NJP for two incidents of wrongful use
of marijuana.
The,punishment imposed was a $600 forfeiture of
pay, restriction and extra duty for 25 days, and a reduction in
Shortly thereafter, on 23 July 1985, you were notified of
rate.
pending administrative separation action by reason of misconduct
due to drug abuse.
elected to present your case to an administrative discharge board
(ADB).
honorable discharge by reason of misconduct due to drug abuse.
k On 17 September 1985 you received NJP for a day of unauthorized
On 22 August 1985 an ADB recommended an other than
After consulting with legal counsel, you
On 20 September 1985 the commanding officer also
The punishment imposed was a reduction in rate, a
absence (UA).
$347 forfeiture of pay, and restriction and extra duty for 45
days.
recommended an other than honorable discharge by reason of
misconduct due to drug abuse.
authority directed an other than honorable discharge by reason of
and on 9 October 1985 you were so
misconduct due to drug abuse,
discharged.
Subsequently, the discharge
and your contention that you do not
The Board further considered the letter from
The Board, in its review of your application and your entire
record, carefully weighed all potentially mitigating factors,
such as youth and immaturity,
smoke marijuana.
the American Legion in support of your case.
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge, a change in the
narrative reason for separation,
record because of the serious nature of your repetitive drug
related misconduct, which resulted in three disciplinary actions
in less than three years of service.
of your case, the Board concluded your discharge and narrative
reason for separation were proper as issued and no change is
Further, the Board noted that you have not submitted
warranted.
any evidence to support the contention that the
NJPs should be
removed from your record. Accordingly, your application has been
denied.
Given all the circumstances
However, the Board
or removal of the
NJPs from your
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
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