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NAVY | BCNR | CY2001 | 05268-01
Original file (05268-01.pdf) Auto-classification: Denied
DEPARTMENTOFTHE  NAVY 

B O A R D   F O R   C O R R E C T I O N   OF  NAVAL  R E C O R D S  

2   N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

JRE 
Docket No:  5268-01 
6 March  2002 

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  28 February 2002.  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 that the 
evidence submitted was  insufficient to establish the existence of  probable material error or 
injustice. 

As a preliminary matter, the Board  noted  that as drug and alcohol abuse are not conditions 
classified as physical disabilities under the laws administered by  the military departments, 
there is no basis  for correcting your record  to show that you  were separated or retired by 
reason  of physical disability because of  those conditions.  With  regard  to the characterization 
of your discharge, the Board  noted  that you  were discharged because you  used  an illegal 
drug following your completion of  an  in-patient drug and  alcohol rehabilitation program. 
Your belief  that you  were entitled to exemption from the consequences of  your illegal 
activity is mistaken.  It could not  find any basis for setting aside the nonjudicial punishment 
you  received  for your drug use,  or for setting aside your discharge.  Your reasons for using 
drugs, the adverse consequences of  your discharge under other than  honorable conditions, 
and  your  reasons  for wanting the characterization of your service to be upgraded  were 
carefully considered, but  found insufficient to warrant a recommendation  for corrective 
action in  your case.  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 



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