DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 1183-02
12 July 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 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.
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 you enlisted in the Navy on 12 March 1982 at
age 19.
The record reflects that you received four nonjudicial
punishments.
days, use of a controlled substance, assault, absence from your
appointed place of duty on three occasions, and use of marijuana.
The offenses included an unauthorized absence of 72
administrative separation action was
On 27 February 1984,
initiated by reason of misconduct due to drug abuse.
1984 you stated that you were a user of multiple drugs, and
would continue to use marijuana on your own time.
you became an unauthorized absentee after previously waiving the
right to present your case to an administrative discharge board.
On 4 March
On 17 May 1984
On 5 June 1984 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
missconduct due to drug abuse.
not amenable to drug rehabilitation or treatment.
by the discharge authority,
approved and you were discharged in absentia on 19 June 1984
Further, he stated that you were
After review
the recommendation for separation was
with
an other than honorable discharge.
such as your good postservice
factors
In this regard, it is
In its review of your application the Board carefully weighed all
potentially mitigating factors,
conduct and the contentions that you did not receive due process
by means of a court-martial and should have received drug
However, the Board concluded that these
rehabilitation.
were not sufficient to warrant recharacterization of your
discharge, given your repetitive drug use.
clear from the record that you were unwilling to comply with Navy
Although the record does not reflect any
standards on drug use.
formal drug rehabilitation,
drug related offense.
officer properly concluded that you were not a suitable candidate
for rehabilitation, given your four nonjudicial punishments.
Further, since all of the nonjudicial punishments were imposed
when you were attached to USS MACDONOUGH (DDG
39), you had no
right to elect trial by court-martial in lieu of nonjudicial
punishment.
Therefore, the Board
to an administrative discharge board.
concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
you were retained after your first
After the second offense the commanding
Further, you waived the right to present your case
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
Copy to: Mr. John B. Luke
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