DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
31 October 2001
5446-01
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 30 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Navy on 19 September 1974 at age 27 with
more than three years of active service on a prior enlistment.
The record shows that during 1975 you received nonjudicial
punishment on two occasions for two periods of unauthorized
absence totaling about 84 days.
period of unauthorized absence which lasted until you were
apprehended on 17 June 1981,
days.
On 3 August 1978 you began a
a period of more than one thousand
Based on your prolonged period of unauthorized absence, you were
In connection with
processed for an administrative discharge.
this processing, you elected to waive the right to have your case
heard by an administrative discharge board.
discharge authority approved the recommendation of your
commanding officer that you be discharged for misconduct with a
You were so
discharge under other than honorable conditions.
discharged on 18 September 1981.
Subsequently, the
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service and contention, in effect,
such as your prior honorable
that addiction to drugs and
The Board found that these factors
You
alcohol led to your misconduct in your second enlistment.
state that you have been sober and drug free for over 15 years,
and have been a good citizen.
and contentions were not sufficient to warrant recharacterization
of your discharge given the lengthy period of unauthorized
absence.
There is no evidence in the record, and you have
submitted none, to show that your misconduct was caused by your
addiction to drugs and alcohol.
regulations state that disciplinary action is appropriate
following drug and alcohol related misconduct and the regulations
do not preclude processing for discharge under other than
honorable conditions in appropriate cases.
that the discharge was proper as issued and no change is
warranted.
However, the Board is aware that
The Board concluded
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
The Board believes that you may be eligible for veterans'
benefits based on your prior honorable service.
you have been denied benefits,
under procedures established by the Department of Veterans
Affairs.
you should appeal that denial
Therefore, if
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.
copy to:
The American Legion
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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