DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
10 July 2002
1872-02
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 9 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.
On 7 November 1984 you received nonjudicial punishment for
You enlisted in the Navy on 1 March 1983 for four years at age
21.
wrongful use of marijuana.
warned of the possible adverse consequences of further drug
abuse.
punishment for use of marijuana.
On 28 November 1986, you received another nonjudicial
Subsequently, you were counseled and
On 7 January 1987, you were notified of discharge processing by
reason of misconduct due to drug abuse.
Subsequently, an
administrative discharge (ADB) found that you had committed
misconduct due to drug abuse and recommended discharge under
other than honorable conditions.
commanding officer agreed with the recommendation of the ADB and
stated as follows:
On 5 February 1987, the
.
.
. Request expeditious processing for this case due
.
to (his) imminent end of active obligated service.
Processing was unavoidably delayed in this case due to
(his) hospitalization and convalescent leave from 16
January to 2 February 1987 due to bacterial meningitis.
On 24 February 1987 the discharge authority approved the
recommendation of the commanding officer and directed discharge
Subsequently, you were
under other than honorable conditions.
extended in the Navy, past the expiration of your enlistment on 1
You were
March 1987 to receive treatment for drug dependency.
discharged under other than honorable conditions on 19 April
1987.
The Board found that these factors were not sufficient
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service.
to warrant recharacterization of your discharge given your two
incidents of drug abuse and especially the fact that you were
warned of the possible adverse consequences of further drug abuse
but committed an additional drug related offense.
The Board
concluded that the discharge was proper as issued and no change
is warranted.
such as your periods of good
Accordingly, your application has been denied.
votes of the members of the panel will be furnished
The names and
upon request.
It is regretted that the circumstances of your case
favorable action cannot be taken.
You are entitled to have the
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.
are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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