D E P A R T M E N T OF T H E N A V Y
B O A R D F O R C O R R E C T I O N O F N A V A L 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 DC 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 5595-01
4 April 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 2 April 2 0 0 2 . 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.
You enlisted in the Navy on 13 August 1979 at age 18. On 23
April 1980 you received nonjudicial punishment for disobedience.
About a year later, on 7 April 1981 you received another NJP for
possession of marijuana. The next day you were counseled and
warned of the pnqsible 2dverse consequences of further drug abuse
including the possibility of a discharge under other than
honorable conditions. In April 1982, two urinalyses showed that
you had used marijuana and cocaine.
Based on your repeated drug abuse, you were processed for an
administrative discharge. In connection with this processing,
you elected to waive the right to have your case heard by an
administrative discharge board. Subsequently, a urinalysis
showed that you had used marijuana. This was your fourth
incident of drug abuse. On 3 0 May 1982 the discharge authority
approved the recommendation of your commanding officer that you
be discharged for misconduct with a discharge under other than
honorable conditions. You were so discharged on 18 June 1982.
In its review of your application the Board carefully weighed all
potentially qitigating factors, such as your youth and periods of
good service and the character references you submitted showing
that you have been a good citizen since discharge. You have also
submitted statements which suggest that your inability to behave
while in the Navy was caused by sexual abuse when you were a
child. The Board found that these factors were not sufficient to
warrant recharacterization of your discharge given your multiple
instances of drug abuse and especially your drug abuse after you
were placed on notice that further drug abuse could lead to a
discharge under other than honorable conditions. The Board
concluded that the discharge was proper as issued and no change
is warranted.
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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