DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
6 December 2001
5448-01
Dear
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 4 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
_
You enlisted in the Navy on 1 March 1982 at age 19.
of your enlistment you admitted two preservice convictions for
marijuana possession.
policy concerning drug abuse.
Subsequently, you tested positive
on an accession urinalysis.
On 2 May 1982 you acknowledged that
you had been granted a drug waiver and were informed that further
drug abuse could result in disciplinary action or processing for
an administrative discharge.
In addition, you acknowledged the Navy's
At the time
The punishment imposed included
On 6 May 1983 you received nonjudicial punishment for use of a
controlled substance on two occasions and an absence from your
appointed place of duty.
forfeitures of pay and a reduction in rate from MMFA (E-2) to
MMFR (E-l).
discharge.
as being psychologically dependent on marijuana. An
administrative discharge board (ADB) met on 3 June 1983 and found
that you had committed misconduct due to drug abuse and
recommended discharge under other than honorable conditions.
members of the ADB recommended that the discharge be suspended
for a probationary period of 12 months.
On 22 July 1983 you
You were then processed for an administrative
In connection with this processing you were diagnosed
Two
In addition there are 12 other
nonjudicial punishment for an unauthorized absence of about four
hours and three instances of disobedience.
included forfeitures of pay.
short periods of unauthorized absence for which there is no
disciplinary action in the record.
After review, the
for administrative leave was approved.
discharge authority directed discharge under other than honorable
conditions and directed that you be offered treatment for your
drug dependence prior to discharge.
documentation in the record.
than honorable conditions on 11 August 1983.
You were discharged under other
On 29 July 1983 your request
The punishment
There is no further
The Board found that these
such as your youth and the
In its review of your application the Board carefully weighed all
potentially mitigating factors,
contention that you have overcome your drug abuse problem and
been a good citizen for many years.
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your repeated
instances of drug abuse, and especially your drug use after you
Although there is
were warned of the consequences of such use.
no documentation in the record concerning a waiver of treatment
for your drug dependence,
immediate administrative leave without waiting for the discharge
authority to act.
desire treatment for your drug dependence.
that the discharge was proper as issued and no change is
warranted.
Therefore, the Board assumed that you did not
The Board concluded
the Board noted that you requested
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
qt is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
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.
keep,in mind that a
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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