DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHI’NGTON DC 20370-510
0
CRS
Docket No: 3271-01
2 November 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 31 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Naval Reserve on 11
February 1982.
You reported to active duty on 13 May 1982.
record reflects that on 18 February 1983 you received nonjudicial
punishment for an unauthorized
absehce of a day, failure to obey
a lawful order on two occasions, and disrespect.
1984 you received a second nonjudicial punishment for failure to
obey'a lawful order on two occasions.
On 27 March
The
A special court-martial convened on 28 March 1984 and you were
found guilty of use of marijuana and introducing eleven marijuana
cigarettes aboard a ship.
The court sentenced you to confinement
at hard labor for 90 days,
forfeitures of $390 per month for
three months, reduction in pay grade, and a bad conduct
discharge.
You received the bad conduct discharge on 25 June
1985.
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
not sufficient to warrant recharacterization of your discharge
The Board
due to the: seriousness of your drug related offenses.
also noted that during a period of less than four years, you were
the subject of three disciplinary actions, including the
conviction by a special court-martial for your drug offenses.
Based on the foregoing, the Board concluded that no change to the
discharge is warranted.
Concerning the issue that the two nonjudicial punishments were
not yours, the Board found that the 18 February 1983 nonjudicial
punishment was found only on the court-martial documents under
the section of prior nonjudicial punishments.
presumed that your lawyer would have reviewed this document and
submitted an objection to it.
is also contained in the court-martial documents in the same
place but it is also in the record.
evidence, and you have presented none, that the-two
punishments contained in your record are not yours.
In this regard, there is no
nonjudicial
The other nonjudicial punishment
However, the Board
Accordingly, your application has been denied.
votes of the members of the panel will be furnished
The names and
upon request.
It is regretted that the circumstances of your case
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.
are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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