D E P A R T M E N T O F T H E 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 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 8111-01
15 May 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 14 May 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.
You enlisted in the Navy on 1 June 1976 at the age of 17. Your
record reflects that you served for a year without disciplinary
incident until 23 June 1977 when you received nonjudicial
punishment (NJP) for possession of marijuana and were awarded a
suspended restriction and extra duty, and a $150 forfeiture of
pay. On 12 July 1977 you received NJP for possession and use of
marijuana, and possession of drug paraphernalia. The punishment
imposed was a $200 forfeiture of pay and restriction and extra
duty for 30 days. Shortly thereafter, on 25 August 1977, you
received NJP for possession of marijuana and were awarded a $200
forfeiture of pay. On 4 November 1977 you received your fourth
NJP for failure to obey a lawful order. The punishment imposed
was restriction and extra duty for 14 days and a $50 forfeiture
of pay.
On 11 January 1978 you received NJP for two periods of
unauthorized absence (UA) totalling 17 days, three specifications
of disrespect, and two specifications of disobedience. The
punishment imposed was restriction and extra duty for 40 days and
a $200 forfeiture of pay.
On 12 January 1978 you were notified of pending administrative
separation action by reason of misconduct. After consulting with
legal counsel, you waived your right to present your case to an
administrative discharge board in lieu of a recommendation for a
general discharge. On 23 January 1978 your commanding officer
recommended you be issued a general discharge by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. This recommendation was approved and
the discharge authority directed a general discharge by reason of
misconduct. On 15 February 1978 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 your repeated
requests for transfer were not approved. It also considered your
contention that the characterization of your discharge prevents
you from becoming a peace officer. Nevertheless, the Board
concluded these factors and contentions were not sufficient to
warrant recharacterization of your discharge or a change of your
narrative reason for separation because of your repetitive
misconduct, which resulted in five NJPs, three of which were drug
related. 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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