DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 5482-01
29 November 2001
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 27 November 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 25 September 1984 at age 19.
On 15
August 1986 you received nonjudicial punishment (NJP) for
disobedience.
received another NJP for use of LSD on four occasions.
About 20 months later, on 29 April 1988, you
The
punishment imposed included restriction, forfeitures of pay, and
a reduction in rate from SHSN (E-3) to SHSA (E-2).
In the last
performance evaluation you were not recommended for advancement
or retention in the Navy.
24 September 1988 with your service characterized as honorable.
At that time you were not recommended for reenlistment and were
assigned an
issued an honorable discharge at the end of your military
obligation.
You were released from active duty on
RR-4 reenlistment code.
Subsequently, you were
In your application you are requesting that the NJP be removed
from your record, that you be reinstated to SHSN, and that the
reenlistment code be changed.
You contend in your application
that you were coerced into admitting the use of LSD because you
were interrogated for eight hours without relief, and you then
admitted using drugs only on one occasion.
effect, that the erroneous and unjust record is having an adverse
You believe, in
impact on your career in the National Guard and your civilian
employment.
Therefore,
NJP evidence is routinely destroyed
the only documentation concerning this matter is the entry in the
Normally,
record showing that you received NJP for use of LSD.
following an NJP for drug abuse,
for an administrative discharge,
processing in the record.
retained in the Navy until your release from active duty.
an individual would be processed
but there is no evidence of such
after.two years.
However, it is clear that you were
The Board is aware that during the NJP proceedings, you would
have appeared before the commanding officer and been given an
However, the
opportunity to withdraw any admission of guilt.
commanding officer apparently believed that a preponderance of
the evidence showed that you committed the offense. As
indicated, there is no evidence that the commanding officer
abused his discretion when he imposed NJP or that the punishment
imposed was too severe.
NJP should not be removed from your record and that it was
sufficient to support the assignment of the RE-4 reenlistment
code.
Therefore, the Board concluded that the
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It 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 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
copy to:
The Veterans of Foreign Wars
2
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