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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