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NAVY | BCNR | CY2002 | 01021-02
Original file (01021-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

WMP
Docket No:
11 July 2002

1021-02

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 10 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures. applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.

Documentary material considered by the Board consisted

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.

Your record reflects that you served without

The Board found that you enlisted in the Naval Reserve on 11
August 1983 at age 19 and immediately reported for 36 months of
active duty.
incident until 9 January 1984,
punishment (NJP) for larceny.
forfeiture of $288 per month for two months and 30 days of extra
duty.
to go to your appointed place of duty for which you received
forfeiture of $200 per month for two months.

when you received non-judicial
The punishment imposed was a

On 1 October 1984 you received a second NJP for failure

On 4 May 1985 a psychiatric evaluation was conducted at the
request of your command due to your inability to control your
temper.
personality disorder but found that you were fit for duty.

The psychiatrist diagnosed you with an immature

Your record further reflects that on 3 October 1985 you received
NJP for use of marijuana and possession of drug paraphernalia.
The punishment imposed was a forfeiture of $300 per month for
two months,
reduction in rate.
for disrespect to a chief petty officer and use of a controlled
The punishment imposed was a forfeiture of $300 per
substance.
month for two months, a reduction in rate, and three days
confinement with bread and water.

45 days of restriction and extra duty and a

On 17 October 1985 you again received NJP

On 13 November 1985 administrative separation action was
initiated by reason of misconduct due a pattern of misconduct
You were advised of and waived all of your
and drug abuse.
procedural rights with the exception of the right to obtain
copies of documents supporting the proposed separation.

On 16 November 1985 the commanding officer forwarded the
separation action, recommending an other than honorable
discharge, to the Commander, Naval Military Personnel Command
(CNMPC)  .
other than honorable conditions due to misconduct (drug  
use).

On 20 November 1985 CNMPC directed discharge under

1985,.you were so discharged.

On 3 December  

abuse-

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that you began suffering
symptoms of a mental illness at the time of your misconduct.
However, the Board concluded that the record fully supported
processing for separation due to misconduct due to a pattern of
NJP's, two of which
misconduct and drug abuse due to your five  
It is also clear that you were fully
were for drug use.
cognizant of the Navy's "Zero Tolerance" policy concerning
illegal drug usage, and that despite this knowledge, you made a
conscious decision to violate
  that policy and use illegal drugs.
Therefore, the Board concluded that your discharge under other
Furthermore, your
than honorable conditions was appropriate.
contention that you were beginning to suffer the effects of
mental illness and that you did not know what was happening at
the time of your misconduct is not supported by any evidence in
your record, and you have not provided any substantiating
In this regard, a diagnosed
evidence for this claim.
personality disorder does not relieve an individual of
responsibility for his actions and is insufficient to mitigate

2

your record of persistent misconduct.
application has been denied.
of the panel will be furnished upon request.

Accordingly, your

The names and votes of the members

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.
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.

it is important to keep in mind that

You are entitled to have

In this regard,

Sincerely,

W. DEAN PFEIFFER
Executive Director



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