DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
S
ELP
Docket No.
24 May 2002
567-02
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 Navy Records,
sitting in executive session,
22 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.
considered your application on
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 record reflects that you served
The Board found that you enlisted in the Navy on 29 June 1981 for
four years at age 17.
without incident until 27 November 1981 when you received
nonjudicial punishment (NJP) for possession of marijuana.
Thereafter, you served the next 24 months without further
incident and were advanced to petty officer third class.
However, during the three month period for December 1983 to
NJPs for offenses which
February 1984 you were received two more
consisted of a four-hour period of unauthorized absence (UA),
dereliction of duty, a 30-day period of UA, missing movement, and
breaking restriction.
You had a one-day period of UA on from 9-10 March 1984 for which
no disciplinary action was taken, but the absence was
administratively charged as lost time.
On 3 April 1984 you were notified that separation action was
being initiated by reason of misconduct due to commission of a
serious offense.
that if discharge was approved, it could be under other than
honorable conditions.
and waived the right to present your case to an administrative
You were advised of your procedural rights and
You declined to consult with legal counsel
Thereafter, the commanding officer
discharge board (ADB).
recommended discharge under other than honorable conditions. On
13 April 19984 Commander Naval Military Personnel Command
directed discharge under other than honorable conditions by
reason of misconduct due to commission of a serious offense.
were so discharged on 25 April 1984.
You
The Board also noted your contentions
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, your statement and resume of post-service
employment, and the fact that it has been more than 18 years
since you were discharged.
that you came from a dysfunctional, alcoholic family, and that
you developed a drinking problem which subsequently resulted in
disciplinary problems which led to your discharge.
that you needed rehabilitation but it was never offered.
Rehabilitation is required when an individual is diagnosed as
being alcohol dependent.
There is no evidence in available
records that you were so diagnosed.
dependence does not excuse misconduct.
the foregoing factors and contentions were insufficient to
warrant recharacterization of your discharge given your record of
three
use, missing movement, and a 30-day period of UA.
noted the aggravating factor that you waived the right to an ADB,
the one opportunity you had to show why you should be retained or
discharged under honorable conditions.
The Board concluded that
the discharge was proper and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
NJPs, two of which were for the serious offenses of drug
The Board
The names and
You stated
Furthermore, alcohol
The Board concluded that
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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