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NAVY | BCNR | CY2001 | 07253-01
Original file (07253-01.pdf) Auto-classification: Denied
DEPARTMENT OF  THE  NAVY 

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   D C   20370-5100 

TJR 
Docket No: 7253-01 
5 April 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 2 April 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 9 February 1983 at 
the age of 19.  Your record reflects that you served for a year 
without disciplinary incident but on 29 March 1984 you received 
nonjudicial punishment  (NJP) for wrongful use of marijuana and 
were awarded a $200 forfeiture of pay and restriction and extra 
duty for 30 days.  During the period from 1 May to 17 October 
1984 you received NJP on three other occasions for two 
specifications of failure to obey a lawful order and wrongful use 
of a controlled substance. 

On 22 October 1984 you were you were notified of pending 
administrative separation action by reason of misconduct due to 
drug abuse.  After consulting with legal counsel you submitted a 
letter of rebuttal to the discharge.  On 4 January 1985 your 
commanding officer recommended you be separated by reason of 
misconduct due to drug abuse.  However, on 18 January 1985, the 
discharge authority directed your commanding officer to 
administratively reprocess you for separation by reason of 
misconduct due to drug abuse and commission of a serious offense, 
and to afford you the right to present your case to an 

administrative discharge board  (ADB).  On 8 February 1985 you 
were again notified of pending administrative separation action 
by reason of misconduct due to drug abuse and commission of a 
serious offense.  After consulting with legal counsel you elected 
to present your case to an ADB.  On 4 March 1985 an ADB 
recommended you be issued a general discharge by reason of 
misconduct due to drug abuse.  On 17 March 1985 your commanding 
officer also recommended you be issued a general discharge.  On 
26 March 1985 the discharge authority approved the foregoing 
recommendation and directed a general discharge by reason of 
misconduct, and on 2 April  1985 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 your contention that you would 
like your discharge upgraded to fully honorable so that you may 
receive state health benefits.  However, the Board concluded 
these factors and contention were not sufficient to warrant 
recharacterization of your discharge because of the serious 
nature of your repetitive misconduct which resulted in four NJPs, 
two of which were for drug abuse.  Further, individuals 
discharged by reason of misconduct normally receive discharges 
under other than honorable conditions.  Accordingly, you were 
fortunate to receive a general discharge.  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 a t t ~ c h ~ c  to 3 1  1  n f f i  ~i a1  rernrds. 
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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