DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3029-01
26 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 23 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, and applicable statutes, regulations, and policies.
The
Board was unable to obtain your service record and conducted its
review based on the decisional document prepared by the Naval
Discharge Review Board.
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 contains a pre-enlistment certification in which you
denied any pre-service use, possession,
or experimentation with
narcotics, dangerous drugs, or marijuana.
You then enlisted in
the Naval Reserve on 25 September 1981 at the age of 19, and
began a three year period of active duty on 20 October 1981.
Your record reflects that on 13 December 1982 you received
nonjudicial punishment (NJP) for wrongful possession of
marijuana.
The punishment imposed was a $286 forfeiture of pay,
restriction for 30 days, extra duty for 45 days, and a reduction
to
On 14 December 1982, after undergoing a medical
evaluation, medical authorities determined that you were not drug
dependent, but recommended you for Level II rehabilitation
treatment.
paygrade E-l.
On 6 January 1983 you received NJP for two periods of
unauthorized absence (UA) totalling 10 days and failure to go to
from your appointed place of duty.
The punishment imposed was
correctional custody for 30 days.
On 12 January 1983 you
received NJP for wrongful possession of marijuana and were
awarded correctional custody for seven days.
At that time you waived your rights to consult with
Subsequently, on 28 February 1983, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse.
legal counsel and to present your case to an administrative
discharge board.
On 10 March 1983 your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to drug abuse/use.
authority approved the foregoing recommendation and directed an
other than honorable discharge by reason of misconduct due to
drug abuse/use.
for two specifications of wrongful use of marijuana and drunk and
disorderly conduct.
The punishment imposed was a $286 forfeiture
of pay and restriction and extra duty for 45 days.
thereafter, on 31 March 1983, you were issued an other than
honorable discharge.
On 19 March 1983 you received your fourth NJP
On 15 March 1983 the discharge
Shortly
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and post service conduct.
The Board
also considered your contentions that your pre-service drug and
alcohol abuse should have precluded your entry into the Navy and
you received no rehabilitation while in the Navy. However, the
Board concluded these factors and contention were not sufficient
to warrant recharacterization of your discharge because of the
serious nature of your repetitive drug and alcohol related
misconduct which resulted in four
contentions, your record indicates that you denied any
service drug abuse.
available to you, but you either declined treatment or elected to
continue using drugs after receiving such treatment.
Given all
the circumstances of your case,
the Board concluded your
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
Further, Level II treatment was made
In regards to your
pre-
NJPs.
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.
2
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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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