DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2118-02
19 September 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 17 September 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You
The punishment imposed was an
You enlisted in the Navy on 8 June 1983 at the age of 19.
served for a year and three months without disciplinary incident.
However, on 18 September 1984, you received nonjudicial
punishment for insubordination.
oral admonition, restriction for 15 days, and a suspended
reduction in rate.
failure to go to your appointed place of duty, a 28 day period of
unauthorized absence (UA),
substance.
$620 forfeiture of pay, restriction for 30 days, and reduction in
rate.
The punishment imposed was a written reprimand, a
On 15 January 1985 you received NJP for
and wrongful use of a controlled
On 12 February 1987 you received your third NJP for wrongful use
of cocaine and were awarded restriction and extra duty for 45
days, a $738 forfeiture of pay,
paygrade E-3.
Shortly thereafter, on 19 February 1987, you were notified that
administrative separation action had been initiated by reason of
misconduct due to drug abuse as evidenced by your use of cocaine
and marijuana.
At that time you waived the rights to consult
and reduction to
with legal counsel and to present your case to an administrative
On 25 February 1987, following a psychiatric
discharge board.
evaluation, you were diagnosed with a severe personality disorder
and recommended for an administrative separation.
recommendation stated, in part, as follows:
The
She blames the Navy for all of her
She has been uncooperative and resistive to any
The Patient was admitted after reportedly ingesting up to 15
Naldecon.
treatment efforts.
problems and sees no solution other than immediate
Initial diagnostics impression is a severe
separation.
mixed personality disorder with borderline and immature
features and suicide gestures.
processing for separation is imperative because of the
severity of the Patient's personality disorder.
act promptly is likely to result in future deliberate
destructive acting out with possible unwanted serious
consequences.
Immediate administrative
Failure to
This recommendation further stated that your two
On 27 February 1987 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to drug
abuse.
incidents of drug abuse were clear indications of your refusal to
adhere to the Navy's Zero Tolerance Policy.
discharge authority directed discharge under other than honorable
conditions by reason of misconduct due to drug abuse, and on 9
March 1987 you were so discharged.
Subsequently, the
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
and your contention that you
your youth and immaturity,
experienced depression prior to enlistment, and that your
It also
attempted suicide showed signs of instability.
considered your contention that your record contains duplicate
and incorrect entries which you believe were taken into
consideration when your request for benefits was denied.
Nevertheless, the Board concluded these factors and contentions
were not sufficient to warrant recharacterization of your
discharge because of your repeated drug abuse.
Board noted that your administrative separation was based solely
NJPs, two of which
on your misconduct as evidenced by the three
were drug related.
denied.
Accordingly, your application has been
Further, the
In regards to the court-memorandum in your record pertaining to
another individual who received NJP on 9 December 1983, you
should contact the Department of the Navy,
(BUPERS), 5720 Integrity Drive, Millington, TN 38055 to request
an administrative correction to your record.
Navy Personnel Command
The names and votes of the members of the panel will be furnished
upon request.
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
3
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