DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No.
22 June 2001
6821-00
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.
A three-member panel for the Board for Correction
Records, sitting in executive session, considered
application on 20 June 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
of Navy
your
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.
The Board found that you reenlisted in the Navy on 31 October
1997 for two years as a
reenlistment, you had completed nearly 15 years of active
service.
At the time of your
FCl (E-6).
The record reflects that during the next 10 months you served
without incident.
However, during the 12 month period from
August 1998 to August 1999 you received two nonjudicial
punishments (NJP) for three brief periods of unauthorized absence
totalling about two days, failure to muster, and failure to go to
As a result of the second NJP, you
your appointed place of duty.
were reduced in rate to FC2 (E-5).
On 22 September 1999 a Navy drug laboratory reported that you
had tested positive for amphetamine/methamphetamine.
ing day, you received your third NJP for use of an amphetamine/
The follow-
Punishment imposed
methamphetamine.
(E-41, forfeitures of $742 per month
of restriction and extra duty.
was reduction in rate to FC3
for two months, and 45 days
that administrative
by reason of misconduct due
After being advised
On 12 October 1999 you were notified
discharge action was being initiated
to a pattern of misconduct and drug abuse.
of your procedural rights, you declined to consult with legal
counsel or submit a statement in your own behalf, and waived the
right to present your case to an administrative discharge board
Thereafter, the commanding officer recommended discharge
@DB).
under other than honorable conditions by reason of pattern of
misconduct and drug abuse and on 22 October 1999, the discharge
authority approved the recommendation.
27 October 1999.
You were so discharged on
However, there is no right to counsel
An individual may
You request a review of the NJP that was imposed in August 1999.
The Board also noted your contention that you were not allowed to
review the evidence that was considered at NJP and were denied
the opportunity of legal counsel before NJP.
consult with legal counsel prior to the imposition of NJP if
reasonably available.
prior to NJP.
In order to
NJP evidence that was considered in your case.
justify correction of a military record, you must show to the
satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or that you were unjustly
treated by the Navy.
Absent the NJP
would satisfy the aforementioned requirement.
evidence, a presumption exists that there was no abuse of
discretion when NJP was imposed in August or September 1999.
The Board has been unsuccessful in obtaining the
You have failed to submit any evidence that
The Board did not consider the characterization of your discharge
since you have not exhausted your administrative remedies by
first applying to the Naval Discharge Review Board (NDRB).
NDRB is authorized to change both the reason for discharge and
Enclosed is a DD Form 293
the characterization of discharge.
which may be used to apply to the NDRB.
The
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.
2
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
Enclosure
3
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