DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2872-01
4 December 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 November 2001.
Your allegations of error and
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.
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.
The Board found that you enlisted in the Navy on 7 May 1975 at
age 17.
The record reflects that you received three nonjudicial
punishments.
from your appointed place of duty on four occasions.
1978 you were convicted by Spanish civil authorities of
possession of hashish.
for eight months and a fine of 10,000 pesetas.
Subsequently, administrative separation action was initiated by
reason of misconduct due to the civil conviction.
On 8 March
1978, after receiving the advice of counsel, you agreed to
conditionally waive your right to an administrative discharge
board in exchange for a general discharge.
discharge authority,
discharged with a general discharge on 3 April 1978.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
After review by the
the recommendation was approved and you were
The court sentenced you to confinement
The offenses included use of hashish and absence
On 1 March
not sufficient to warrant recharacterization of your discharge,
given the seriousness of the civil conviction and your use of
drugs.
The Board also noted your contention that you were not
However, the record reflects
allowed to confer with a lawyer.
that you negotiated a conditional waiver after receiving advice
Therefore, the Board concluded that
from your military counsel.
your discharge was proper as issued and no change is warranted.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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