DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4540-01
19 December 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 11 December 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 25 October 1979 at
the age of 19.
Your record reflects that you served for three
years and eight months without disciplinary incident but on 23
June 1983 you received nonjudicial punishment
specifications of wrongful use of controlled substances,
specifically, marijuana and cocaine.
a $734 forfeiture of pay and restriction and extra duty for 30
days.
During the period from 5 July to 8 September 1983 your
urine tested positive for marijuana on four occasions.
On 15
September 1983 you received NJP for absence from your appointed
place of duty and were awarded restriction and extra duty for 15
days and a $100 forfeiture of pay.
(NJP) for two
The punishment imposed was
On 17 September 1983 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you elected to present your
case to an administrative discharge board
1983 an ADB recommended you be issued an other than honorable
discharge by reason of misconduct due to drug abuse.
On 18
October 1983 your commanding officer concurred with the
On 11 October
(ADB).
recommendation of the ADB and recommended you be discharged under
other than honorable conditions by reason of misconduct due to
drug abuse.
The recommendation noted, in part, as follows:
(Member's) performance while temporarily assigned to (this
command) has been unsatisfactory.
illegal drugs is intolerable.
screening (he) has been found on four additional occasions
to have used illegal drugs.
in the Navy regardless of its timing in an individuals
enlistment.
I concur with the findings of the ADB.
Drug abuse cannot be tolerated
His continued use of
During assigned command drug
On 21 October 1983 the discharge authority directed an other than
honorable discharge by reason of misconduct, and on 24 October
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, post service conduct, and your
contention that you were under a lot of pressure which was caused
by living in a big city.
However, the Board noted that you
submitted no evidence in support of this contention, and the
The Board concluded these
record contains no such evidence.
factors and contention were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your repetitive drug related misconduct.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge
Accordingly,
Given all the
The names and votes of the members of the panel will be furnished
upon request.
of,your case are such that
It is regretted that the circumstances
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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