DEPARTMENT OF THE N A V Y
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: 8114-01
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 appIicable st.atutes, 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 18 March 1981 at the age of 26. Your
record reflects that you served for nearly two years without
disciplinary incident but on 19 February 1983 you received
nonjudicial punishment (NJP) for possession and use of marijuana
and hashish. The punishment imposed was a $708 forfeiture of pay
and restriction and extra duty for 45 days. On 18 July 1983 you
received NJP for destruction of property and were awarded a $642
forfeiture of pay, reduction to paygrade E-2, and restriction and
extra duty for 45 days. On 2 August and again on 2 September
1983 you received NJP for absence from your appointed place of
duty, being drunk while on duty, and making a false official
statement.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse, a
pattern of misconduct, and frequent involvement of a
discreditable nature with military and civilian authorities. A t
that time you waived your rights to consult with legal counsel
and to present your case to an administrative discharge board.
On 30 August 1983 your commanding officer recommended an other
than honorable discharge by reason of misconduct. On 16
September 1983 the discharge authority approved this
recommendation and directed an other than honorable discharge,
and on 21 September 1983 you were so discharged.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your
contention that most of your problems were caused by alcohol
abuse, workload pressures, and personality conflicts with your
superiors. It also considered your letter of commendation for
professional achievement during the period from 21 December 1982
to 23 May 1983. Nevertheless, the Board found these factors and
contentions were not sufficient to warrant recharacterization of
your discharge because of your repetitive misconduct, which
included drug abuse. 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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