DEPARTMENT OF THE NAVY
BOARD FOR CORRECTIONOF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR.
Docket No: 4252-01
23 November 2001
.This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 November 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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.
The Board found you enlisted in the Navy on 27 May 1981 at the
age of 19.
Your record reflects that on 1 October 1981 you were notified of
pending administrative separation by reason of unsuitability due
to personal drug abuse.
At that time you waived your rights to
consult with counsel and to present a statement in rebuttal to
the discharge.
On 5 October 1981 your commanding officer
recommended you be administratively separated by reason of
unsuitability due to personal abuse of drugs other than alcohol.
On 29 October 1981 you received nonjudicial punishment (NJP) for
two periods of absence from your appointed place of duty,
wrongful possession of two identification cards, and two
specifications of assault.
On 10 November 1981 the discharge authority
forfeiture of pay.
disapproved the foregoing recommendation for separation and you
were advised that any further misconduct would result in a
discharge under other than honorable conditions.
The punishment imposed was a $300
On 24 September 1982 you received NJP for an 11 day period
Your record also reflects that on 13 March 1982 you received NJP
for two periods of absence from your appointed place of duty and
were awarded restriction and extra duty for 10 days and a $309
Shortly thereafter, on 1 April 1982, you
forfeiture of pay.
received NJP for failure to obey a lawful order and possession of
The punishment imposed was restriction and extra duty
marijuana.
paygrade E-l, and a $550 forfeiture of
for 45 days, reduction to
ljaY-
of unauthorized absence (UA) and were awarded restriction and
On 15
extra duty for 30 days and a $100 forfeiture of pay.
October 1982 you received NJP for failure to obey a lawful order
and possession of marijuana.
restriction and extra duty for 45 days and a $200 forfeiture of
pay.
On 6 April 1983 you received your sixth NJP for three periods of
UA totalling 27 days,
the movement of your ship.
and restriction for 33 days and a $572 forfeiture of pay.
April 1983 you were notified of pending administrative separation
action by reason of misconduct due to drug abuse.
consulting with legal counsel you submitted a written statement
objecting to the separation and providing explanations for your
misconduct.
that you were wrongfully accused of possession and use of
marijuana during two of the captain's masts.
failure to obey a lawful order, and missing
The punishment imposed was extra duty
On 21
You also stated that you were not a drug abuser, and
The punishment imposed was
After
On 30 April 1983 your commanding officer recommended you be
discharged under other than honorable conditions by reason of
Subsequently, the discharge
misconduct due to drug abuse.
authority directed an other than honorable discharge by reason of
misconduct, and on 23 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 and post service conduct.
Board concluded these factors and contention were not sufficient
to warrant recharacterization of your discharge because of the
serious nature of your frequent disciplinary infractions,
especially your repetitive drug related misconduct, which
resulted in six
the Board concluded your discharge
change is warranted.
Accordingly,
denied.
was proper as issued and no
your application has been
Given all the circumstances of your case,
NJPs.
However, the
The names and votes of the members
upon request.
of the panel will be furnished
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.
A
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Sincerely,
W. DEAN PFEIFFER
Executive Director
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