DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
N+VAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4300-01
23 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 20 November 2001.
Your allegations of error and
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that you served for two
The Board found you enlisted in the Navy on 28 September 1981 at
the age of 18.
years and six months without disciplinary action but on 7 March
1984 you received nonjudicial punishment (NJP) for wrongful use
of marijuana and were awarded a $732 forfeiture of pay, reduction
to
Shortly thereafter, on 25 May 1984, you were convicted by summary
court-martial (SCM) of two periods of absence from your appointed
place of duty, larceny,
and wrongful possession of marijuana.
You were sentenced to a $398 forfeiture of pay, confinement for
30 days, and a reduction to
paygrade E-2, and restriction and extra duty for 45 days.
paygrade E-l.
On 18 June 1984 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you waived your right to
present your case to an administrative discharge board. On 22
June 1984 your commanding officer recommended you be discharged
under other than honorable conditions by reason of misconduct due
to drug abuse.
Subsequently, the discharge authority directed an
other than honorable discharge by
July 1984 you were so discharged.
reason of misconduct, and on 12
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your letter
regarding your transitional treatment program and the veterans
upward bound program.
and contention were not sufficient to warrant recharacterization
of your discharge because of the serious nature of your frequent
disciplinary infractions,
especially you repetitive drug related
which resulted in NJP and a court-martial conviction.
However, the Board concluded these factors
4 misconduct,
.a.
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.
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.
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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