DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No.
20 August 2001
2681-01
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.
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,
15 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 Naval Reserve on 19 April 1982 for six years
at age 19.
At that time, you were granted an enlistment waiver
for pre-service use of marijuana.
You were ordered to active
duty on 27 April 1982 for a period of 36 months in the Active
Mariner Program.
were advised of the Navy's drug policy and of the adverse
consequences that could be expected if you abused illegal drugs.
You were meritoriously advanced to FA (E-2) upon completion of
recruit training, graduated from BT
to the fleet.
During the first week of recruit training, you
"A" School, and were assigned
You served without incident until 28 April 1983 when you were
advised that a probable cause urinalysis had tested positive for
marijuana.
could result in discharge under other than honorable conditions.
You were counseled and warned that further drug abuse
On 11 May 1983 you received nonjudicial punishment
possession and introduction of the marijuana.
Punishment
(NJP) for
consisted of a reduction in rate to BTFR (E-l),
$214, and 45 days of restriction and extra duty
a forfeiture of
You were again advanced to BTFA on 11 November 1983. On
28 November 1983 you were referred for a dependency evaluation.
A medical officer found you were not dependent, had good
potential, and recommended that you be referred to the counseling
and assistance center.
On 22 April 1984 you received a second NJP for use of marijuana.
Punishment imposed consisted of a reduction in rate to BTFR,
forfeitures of $298 per month for two months, and 45 days of
On 3 May 1984 a medical officer
restriction and extra duty.
found that you were psychologically dependent on marijuana and
had no potential for further service..
On 1 June 1984 you were notified that discharge under other than
honorable conditions was being considered by reason of misconduct
due to drug abuse.
You were advised of your procedural rights,
declined to consult with legal counsel or submit a statement in
your own behalf, and waived the right to present your case to an
administrative discharge board (ADB).
officer recommended discharge under other than honorable condi-
tions by reason of misconduct due to drug abuse.
Naval Military Personnel
directed discharge under other than honorable conditions. On
8 August 1984, you declined inpatient treatment at a Veterans
Administration (VA) rehabilitation facility.
under other than honorable conditions on 10 August 1984.
The Commander,
Command approved the recommendation and
Thereafter, the commanding
You were discharged
On 5 November 1987 the Naval Discharge Review Board denied your
request for an upgrade of your discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity
and the fact that it has been 17 years since you were discharged.
The Board noted your contention that you had an outstanding work
ethic and put great effort toward your position as a boiler
technician, and the use of drugs never affected your work.
Board concluded that these factors and contentions were
insufficient to warrant recharacterization of your discharge
given your record of two
you were well aware of the Navy's drug policy and the adverse
consequences that would result if you violated that policy.
Board also noted the aggravating factor that you waived the right
to present your case to an ADB,
show why you should be retained or discharged under honorable
conditions.
You also declined the opportunity for inpatient
rehabilitation treatment via a VA facility prior to discharge.
It appeared to the Board that because of your
the one opportunity you had to
The Board noted that
NJPs for drugs.
The
The
otherwise,excellent
2
performance, the command treated you more favorably than most
other individuals who used drugs.
you were counseled and warned.
NJP.
disciplinary experience and continued your willful disregard for
the Navy's drug policy, that you received a second NJP and the
command processed you for discharge.
The Board concluded that
the discharge was proper and no change is warranted.
It was only after you failed to learn from your first
:
After the first drug incident,
The second incident resulted in
Accordingly, your application has been denied. 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
3
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