DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 4291-01
25 October 2001
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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.
your application,
thereof,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
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.
You enlisted in the Navy on 23 June 1982 at age 18.
satisfactorily completed initial training and on 21 September
1982 you reported to your first duty station.
received nonjudicial punishment on four occasions.
were two instances of use of marijuana, possession of drug
paraphernalia, two instances of assault and an unauthorized
absence of about four days.
You
During 1983, you
Your offenses
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct.
Subsequently,
an administrative discharge board recommended discharge by reason
of misconduct with a discharge under other than honorable
conditions.
recommendation was approved and you were so discharged on 14
October 1983.
After review by the discharge authority, this
In its review of your application the Board carefully weighed all
potentially mitigating actors, such as your youth, and your
contention, in effect,
that your misconduct was caused by drug
and alcohol addiction.
The Board found that these factors and
contentions were not sufficient to warrant recharacterization of
your discharge given your record of misconduct.
Although there
are two drug related nonjudicial punishments in the record, there
is no evidence in that record, and you have submitted none, to
show that you were addicted to drugs or alcohol while you were in
the Navy.
However, regulations state that drug and alcohol abuse
is not an excuse for misconduct and disciplinary action and
discharge processing are appropriate in such cases.
The Board
concluded that the discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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