DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4449-01
30 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 27 November 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
and policies.
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.
Your record reflects that on 12 June 1985
The Board found you enlisted in the Naval Reserve on 17 August
1984 at the age of 20.
you received nonjudicial punishment (NJP) for two specifications
of assault, communicating a threat, and disorderly conduct.
punishment imposed was a $75 forfeiture of pay and restriction
You were then counselled concerning
and extra duty for 10 days.
your deficiencies and warned that further misconduct could result
Six months later, on 18 December
in administrative separation.
1985, you received NJP for two periods of unauthorized absence
totalling four days, absence from your appointed place of
(UA)
duty, and possession of marijuana.
$716 forfeiture of pay, restriction and extra duty for 45 days,
and reduction to
The
The punishment imposed was a
paygrade E-2.
Your record further reflects that on 4 February 1986 you were
convicted by summary court-martial (SCM) of absence from your
appointed place of duty, breaking restriction, and wrongful use
You were sentenced to a $225 forfeiture of pay,
of marijuana.
confinement at hard labor for 27 days, and a reduction to
paygrade E-l.
On 26 February 1986 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense and drug abuse.
At that time you waived your
rights to consult with legal counsel and to present a statement
in rebuttal to the discharge.
On 3 March 1986 your commanding
officer recommended you be administratively separated by reason
of misconduct due to a pattern of misconduct, commission of a
serious offense, and drug abuse.
authority directed an other than honorable discharge by reason of
misconduct due to a pattern of misconduct.
On 31 March 1986 you
were so discharged.
Subsequently, the discharge
However, the Board concluded these factors were not
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and the contention that you were never
counselled.
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 two
Concerning your contention,
appropriately counselled.
case, the Board concluded your discharge was proper as issued and
no change is warranted.
denied.
the record reflects that you were
Given all the circumstances of your
NJPs and a court-martial conviction.
Accordingly, your application has been
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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