DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
17 May 2002
1598-02
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 15 May 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.
The Board found that you enlisted in the Navy on 13 October 1994
for four years at age 21.
You served without incident until 7
September 1995 when you received nonjudicial punishment (NJP)
for a period of unauthorized absence (UA) from 19 August until
23 August 1995.
Punishment imposed was forfeiture of $100 and
15 days of restriction and extra duty.
You served without further incident until 9 May 1996 when you
received NJP for failure to be at your appointed place of duty.
The punishment imposed was a forfeiture of $100 and 10 days of
restriction and extra duty.
NJP for a period of UA from 7 June 1996 until 11 June 1996.
Punishment imposed was confinement on three days bread and water
and forfeiture of $490.
On 24 June 1996,
you again received
On 26 June 1996, you were notified that separation action was
being initiated due to a pattern of misconduct.
advised of and waived all of your procedural rights, except the
right to submit written or verbal statements and to obtain
copies of documents supporting the proposed separation.
You were
Based on a positive urinalysis,
for wrongful use of marijuana on or about 11 June 1996.
Punishment imposed was extra duty and restriction for 45 days,
forfeiture of $490 per month for two months and a reduction in
rate.
you received NJP on 18 July 1996
On 23 July 1996, you were notified that separation action was
being initiated by reason of misconduct due to a pattern of
misconduct and drug abuse.
retain all of your procedural rights,
retain qualified counsel,
discharge board (ADB),
documents supporting the proposed separation action.
the right to an administrative
and the right to obtain copies of
including your right to
You were advised of and elected to
On 29 July 1996, you amended your previously elected rights of
23 July and waived your rights to an ADB after consulting with
your counsel.
initially elected an administrative discharge board, I no longer
desire to request an administrative board.
respectfully request that you consider my statement in making a
recommendation for characterization of service."
You stated in your letter that, "While I
Nevertheless, I
On 6 August 1996, the separation authority directed discharge
under other than honorable conditions and, on 5 September 1996,
you were so discharged.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your contention that
you were unfairly imprisoned,
you desire a another chance to service your country.
the Board concluded that the record fully supported processing
for separation due to a pattern of misconduct as evidenced by
your three
fully supported separation due to drug abuse.
that you were fully cognizant of the Navy's "Zero Tolerance"
policy concerning illegal drug usage, and that despite this
judged and then lied to, and that
However;
NJP's, and the positive urinalysis for marijuana
It is also clear
Furthermore,
knowledge, you made a conscious decision to violate that policy
the Board concluded that your
and use marijuana.
discharge under other than honorable conditions and the
assignment of an RE-4 reenlistment code were appropriate, based
on your four
urinalysis test.
The names and votes of the members of the panel will be
furnished upon request.
NJP's, one of which was due to a positive
Accordingly, your application has been denied.
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
3
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