DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 5830-01
14 December 2001
Dear
This is in reference to your application for-correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
12 December 2001.
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.
considered your application on
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 1981 for four years at
age 18.
The record reflects that you were advanced to SM2 (E-5)
and served without incident until 6 April 1984 when you received
nonjudicial punishment (NJP) for wrongful possession of a
cartridge flare and use of marijuana.
Punishment consisted of
forfeitures of $389 per month for two months, reduction in rate
to
Thereafter, you were formally counseled regarding your use of
marijuana and warned that failure to take corrective action could
result in administrative discharge.
A medical evaluation found
that you were a drug abuser,
SM3 (E-4), and 45 days of restriction and extra duty.
but not drug dependent.
On 18 June 1984 you were placed in an outpatient level I
rehabilitation program which included weekly counseling, alcohol
and drug abuse classes,
27 July 1984 you tested positive for marijuana on a
tation/aftercare urinalysis.
rehabili-
After a comprehensive review of
and weekly urinalysis testing. On
your record, the command made a determination to retain you and
On 5 October 1984, the counsel-
furnish further rehabilitation.
ing and assistance center determined that you were still not drug
dependent and scheduled you for a four week outpatient course,
beginning in March 1985.
tested positive again for marijuana use on an aftercare
urinalysis.
However, on 21 December 1984, you
On 4 February 1985 you were notified that discharge under other
than honorable conditions was being initiated by reason of
misconduct due to drug abuse as evidenced by three incidents
of
drug use in nine months and drug abuse rehabilitation failure as
evidenced by two drug incidents while in a rehabilitation
elected,to submit a statement in
You were advised of your procedural rights, and after
program.
consulting with legal counsel,
your own behalf but waived the right to present your case to an
In your statement, you
administrative discharge board
opined that your professional performance rated a discharge
higher than under other than honorable conditions.
your record of performance which included a meritorious
advancement and a promotion under the command advancement
program, a letter of appreciation for outstanding performance,
and superior performance during a ship's exercise and as
divisional leading petty officer.
You cited
(ADB).
On 13 February 1985 the commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse.
excellent, your statement did not discuss your drug use or
whether you intended to stop using marijuana in conformance with
the Navy's zero tolerance policy.
He noted that although your performance was
The record reflects two periods of unauthorized absence (UA) from
14-15 February and 21-28 February 1985,
disciplinary action.
Personnel directed discharge under other than honorable
conditions by reason of misconduct due to drug abuse.
so discharged on 8 March 1985.
While you were UA, the Chief of Naval
for which you received no
You were
On 25 January 1999, the Naval Discharge Review Board (NDRB)
denied your request for an upgrade of your discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
the more than two years of unblemished service in which your were
promoted to SM2, the issues you presented to the NDRB, and the
fact that it has been more than 15 years since you were
discharged.
insufficient to warrant recharacterization of your discharge
given your use of drugs for which you received an NJP.
You
received significant consideration when the command elected to
The Board concluded that these factors were
2
However, you failed to learn from the NJP and did
retain you.
not heed the warning that further drug abuse could result in
admini-strative discharge.
Your continued use of marijuana
demonstrated a willful disregard of the Navy's zero tolerance
policy and set a poor example for your subordinates and peers.
The Board also noted the aggravating factor that you waived an
ADB the one opportunity you had to show why you should be
retained or discharged under honorable conditions.
concluded that the discharge was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.
The Board
Accordingly, your application has been denied. The
It is regretted that the circumstances of your case are such
that favorable action cannot be taken..
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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