DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 3039-01
10 December 2001
Your allegations of error and
The
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 28 November 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.
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 21 January 1987
after more than two months of prior active service.
The record
reflects that you received two nonjudicial punishments.
offenses included an unauthorized absence of a day, failure to
obey a lawful order, and use of cocaine.
On 15 November 1991 an administrative discharge board recommended
that you be separated with a general discharge by reason of
misconduct due to drug abuse.
authority, the recommendation for separation was approved and you
received a general discharge on 24 December 1991.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you never knowingly used drugs.
However,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge, given your use of
drugs.
In this regard, you have submitted no evidence, and the
record contains none, to support your contention that you never
After review by the discharge
Further, individuals discharged by reason of
used drugs.
misconduct are often discharged under other than honorable
conditions.
Accordingly, your application has been denied.
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.
The
Sincerely,
W. DEAN PFEIFFER
Executive Director
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