DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7999-00
20 June 2001
Dear Nellis
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 19 June 2001. 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.
The Board found that you enlisted in the Naval Reserve on 28
October 1980 at age 18 and reported for three years of active
duty that same day. At the time of enlistment you were granted a
preservice drug waiver and agreed that you would not use drugs
while in the Navy. On 5 April 1982 you received nonjudicial
punishment (NJP) for use of marijuana. On 1 December 1982 you
received another NJP for an unauthorized pass offense and
gambling. On 23 August 1983 you received NJP for possession of
marijuana and drug paraphernalia.
Based on your use of drugs, you were processed for an
administrative discharge. The record shows that you refused to
make an election as to whether to have your case heard by an
administrative discharge board. On 7 September 1983, the
commanding officér recommended that you be discharged under other
than honorable conditions and stated, in part, as follows:
(He) has refused to cooperate with this Admin
Separation processing, hoping to stall until he could
be separated at his EAOS 27 OCT 83 and thereby avoid
accountability for his misconduct. He failed to
respond to notification of processing and specific
request to respond, leaving this command no choice but
to proceed with processing. It would be easy to let
him go quietly at EAOS but to do so would discredit the
Navy's zero tolerance of drug abuse and possibly
encourage drug abuse among short timers. .....
On 22 September 1983 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 26 September 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and your
contention that you were never offered any help with your drug
problem. You state that you have overcome your drug and alcohol
problems and need a better discharge to help provide for your
family. The Board found that these factors and contentions were
not sufficient to warrant recharacterization of your discharge
given your repeated drug abuse and other misconduct. The Board
believed that you were fortunate to have been retained in the
Navy after your first incident of drug abuse, and were on notice
that further drug abuse would result in discharge. The record
shows that you were evaluated prior to discharge and found not to
be drug dependent. 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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