DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F NAVAL 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 D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 6854-01
20 March 2002
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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 March 2002. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 25 March 1982 at the
age of 18. Your record reflects that you served for a year and
two months without disciplinary incident but during the period
from 6 May to 29 July 1983 you received nonjudicial punishment
( N J P ) on three occasions for two periods of absence from your
appointed place of duty, two specifications of making false
official statements, two specifications of failure to obey a
lawful order, and insubordination.
During the period from 28 February to 20 December 1985 you
received N J P on five more occasions for insubordination, failure
to obey a lawful order, two periods of unauthorized absence (UA)
totalling 27 days, three periods of absence from your appointed
place of duty, missing the movement of your ship, and wrongful
use of a controlled substance, specifically, marijuana.
Your record further reflects that on 7 January 1986 you received
your ninth N J P for a three day period of UA and were awarded
confinement on bread and water for three days.
On 9 and 18 January 1986 you were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct, drug abuse, and commission of a serious
offense. On both occasions you waived your rights to consult
with legal counsel and to present your case to an administrative
discharge board. Subsequently, your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to a pattern of misconduct, drug abuse, and
commission of a serious offense. The discharge authority
approved the foregoing recommendation and directed an other than
honorable discharge by reason of misconduct. On 7 February 1986
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and post service conduct. The Board
also considered your contention that the other than honorable
discharge was excessive punishment for the offense of 20 days of
UA. However, the Board concluded these factors and contentions
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct, which included drug abuse and resulted in nine NJPs.
Given all the circumstances of your case, the Board concluded
your discharge was proper 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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