DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
5 April 2001
808-00
Dear-
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 3 April 2001.
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.
Your allegations of error and
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 on 11 July 1983 you were issued a
Notification of Eligibility for Retired Pay at Age 60.
On 7
April 1984 you reenlisted in the Naval Reserve for six years.
The record shows that in 1986 a urinalysis showed that you had
used cocaine.
On 12 July 1986 you were counseled and warned of
On 24
the possible adverse consequences of further drug use.
December 1986 the Navy Drug Laboratory reported that another
urinalysis had tested positive for use of cocaine.
Based on your drug use, you were processed for an administrative
In connection with this
discharge by reason of misconduct.
processing, you elected to waive your right to have your case
heard by an administrative discharge board.
requested transfer to the Retired Reserve.
commanding officer recommended that you be transferred to the
Retired Reserve in your current pay grade.
authority disagreed with this recommendation and directed an
honorable discharge by reason of misconduct.
discharged on 19 August 1987.
with 26 years, 2 months and 8 days of qualifying service for
reserve retirement.
However, you
Subsequently, your
The discharge
At that time you were credited
You were so
In its review of your application the Board carefully weighed all
such as your many years of good
potentially mitigating factors,
service in the Navy and Naval Reserve.
these factors were not sufficient to correct the record to show
that you transferred to the Retired Reserve vice being
discharged.
were warned that further use could lead to discharge, and then
used cocaine again.
been discharged, you are eligible for retirement pay at age 60 as
a former member.
discharged for misconduct a correction of the record to show
transfer to the Retired Reserve was not warranted.
It is clear from the record that you used cocaine,
The Board was aware that although you have
The Board found that
The Board concluded that since you were
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
You are entitled to have the
favorable action cannot be taken.
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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