DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 4736-01
19 December 2001
Dea
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.
Navy..on 29 October 1982
The Board found you reenlisted in the
after three years of prior honorable service.
Your record
reflects that on 20 June 1983 you were convicted by summary
court-martial (SCM) of four specifications of wrongful use of
cocaine and four specifications of wrongful use of marijuana.
-labor for 30 days,
You were sentenced to confinement at hard
reduction to
On 8
December 1983 you received nonjudicial punishment (NJP) for a 27
day period of unauthorized absence (UA) and dereliction in the
performance of your duties.
forfeiture of pay and restriction and extra duty for 30 days.
paygrade E-l, and a $382 forfeiture of pay.
The punishment imposed was a $550
The punishment imposed was restriction for 60 days and
Your record further reflects that on 25 January 1984 you received
NJP for wrongful use of marijuana and failure to submit to drug
testing.
Shortly thereafter, on 4 February
a $550 forfeiture of pay.
1984, you were notified of pending administrative separation
action by reason of misconduct due to drug abuse.
you waived your rights to consult with legal counsel and to
present your case to an administrative discharge board.
At that time
On 6
April 1984 your commanding officer recommended you be discharged
under other than honorable conditions by reason of misconduct due
to drug abuse.
On 10 April 1984 the discharge authority directed
an other than honorable discharge by reason of misconduct, and on
11 May 1984 you were so discharged.
The Board also considered your
The Board concluded these factors
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, and your
contention that clemency is warranted in your case because it is
an injustice for you to continue to suffer from the adverse
consequences of your discharge.
contentions that under today's standards you would not have
received an other than honorable discharge, your discharge and
punishment were too harsh, your ability to serve was impaired,
your command abused its authority during your separation process,
and illegal and inappropriate practices/policies were used in
determining your discharge.
and contentions were not sufficient to warrant recharacterization
of your discharge because of the serious nature of your
repetitive drug related misconduct.
The Board noted that you
submitted no evidence in support of these contentions, and the
record contains no such evidence.
noted that under today's standards,
the same type of discharge.
after your first incident of drug related misconduct.
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.
Along these lines, the Board
you would received exactly
In fact, you would be discharged
Given all
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
Executive Director
PFEIFFER
2
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