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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 8609-00
9 May 2001
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 8 May 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 Navy on 27 December 1982
at age 18.
You satisfactorily completed initial training and on
2 April 1984 you reported to your first duty station.
Subsequently, you reported to your superiors that you had used
marijuana while on leave,
and the urinalysis of 4 April 1984
would test positive.
However, on 18 April 1984, a Navy drug
laboratory reported that your urine sample had tested negative
for use of drugs.
You received nonjudicial punishment on 19
April 1984 for use of marijuana.
forfeitures of pay and a reduction in rate from STS3 (E-4) to
STSSN (E-3).
The punishment imposed included
A substance abuse report, dated 19 April 1984, stated that you
received nonjudicial punishment based on your statement that you
had used marijuana.
The report also stated, in part, as follows:
..(He) strongly desires to leave Naval service and has
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repeatedly stated that he will abuse controlled
substances and/or take any action necessary to
terminate his enlistment.
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On 19 April 1984 you were notified of discharge processing by
reason of misconduct due to drug abuse.
processing, you elected to waive your right to have your case
heard by an administrative discharge board.
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 1 May 1984.
In connection with this
On 22 April 1984 the
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and desire to
be employed by the Postal Service.
factors were not sufficient to warrant recharacterization of your
discharge given your admission of drug abuse and your assertion
that you would continue to use drugs until you were discharged.
The Board concluded that the discharge was proper as issued and
no change is warranted.
The Board found that these
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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