DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 1131-02
24 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 Navy Records,
sitting in executive session,
Your allegations of error and injustice were
22 May 2002.
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.
You enlisted in the Naval Reserve on 3 February 1981 for six
The record reflects that you were advanced to
years at age 20.
airman and served without incident until 16 February 1982 when
you received nonjudicial punishment
possession of a military identification
Sailor, and failure to obey a lawful order.
of forfeitures of $309 per month for two months and reduction in
rate to airman apprentice.
(NJP) for selling marijuana,
card belonging to another
Punishment consisted
On 13 June 1982 you were notified that you were being recom-
mended for discharge under other than honorable conditions by
reason of misconduct due to drug abuse.
procedural rights, declined to consult with legal counsel, and
waived the right to present your case to an administrative
discharge board (ADB).
recommended discharge under other than honorable conditions. In
his recommendation, the CO stated the sale of illicit drugs is
totally contrary to the goals of the command and the Navy's to
Thereafter, the commanding officer (CO)
You were advised of your
eradicate drug abuse, and personnel who sell illicit drugs to
their shipmates cannot be tolerated in a forward deployed unit.
On 3 August 1982 the Chief of Naval Personnel directed discharge
under other than honorable conditions by reason of misconduct due
to drug abuse.
You were so discharged on 23 August 1982.
In its review of your application the Board conducted a careful
search of your service record for any mitigating factors which
might warrant a recharacterization of your discharge.
no justification for such a change could be found.
drugs is a reprehensible offense for which the Navy has no
tolerance and the Board believed that you were fortunate that you
were not court-martialed.
The Board noted the aggravating factor
that you waived an ADB, which was the one opportunity you had to
show why you should be retained or discharged under honorable
conditions.
persuasive argument in support of your application.
concluded that the discharge was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.
You have provided neither probative evidence nor a
The Board
Accordingly, your application has been denied.
However,
The sale of
The
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,
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 a
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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