DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2970-01
19 October 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 16 October 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.
Your record
The Board found you reenlisted in the Navy on 21 August 1981
after nearly four years of prior honorable service.
reflects that on 7 January 1982 you received nonjudicial
punishment (NJP) for a two day period of unauthorized absence
(UA) and possession of drug paraphernalia.
imposed was a $365 forfeiture of pay and restriction and extra
duty for 30 days.
period of UA and were awarded a $400 forfeiture of pay and a
suspended reduction in rate.
on 14 September 1982, you received NJP for a day of UA.
punishment imposed was restriction for 15 days and a $100
forfeiture of pay.
NJP for a three day period of UA and were awarded a $318
forfeiture of pay, restriction for 15 days, and a suspended
reduction in rate.
The punishment
On 29 December 1982 you received your fourth
On 20 June 1982 you received NJP for a two day
Approximately three months later,
The
Your record further reflects that on 11 March 1983 you received
NJP for wrongful use of marijuana and were awarded a reduction
in rate, extra duty for 45 days, and a $642 forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your rights to consult with legal counsel
and to present your case to an administrative discharge board.
You did submit a statement in rebuttal to the discharge in which
On 20 April 1983 your
you denied ever using any illegal drugs.
commanding officer recommended you be discharged under other than
honorable conditions by reason of misconduct due to drug abuse.
The recommendation noted, in part, as follows:
(Member) has shown himself to be a highly capable worker who
generally produces good results.
performance, however,
history of
regulations.
He has problems following rules and
has been significantly marred by a
His strong professional
NJPs.
In September 1982 he participated in a command directed
urinalysis and his sample screen THC positive.
1983 he participated in a unit sweep, and when his sample
was screened THC positive,
use of marijuana.
drugs.
obvious he cannot remain in the Navy.
than honorable discharge by reason of misconduct due to drug
abuse.
He has continually denied the use of any
However, after three instances of drug abuse, it is
he appeared at masts for wrongful
Recommend an other
In January
On 3 May 1983 the discharge authority directed an other than
honorable discharge by reason of misconduct, and on 18 May 1983
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
good post service conduct, and your
contention that you did not use drugs while serving in the Navy
and you do not use drugs now.
submitted no evidence in support of this contention, and the
record contains no such evidence.
factors and contention were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your repetitive drug related misconduct which resulted
in five
all the circumstances of your case,
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
NJPs, two of which were for drug related offenses.
The Board concluded these
the Board concluded your
However, the Board noted that you
Given
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
2
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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