DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2421-02
9 October 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 8 October 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 enlisted in the Navy on 2 September 1981 at the age of 20.
You served for nearly a year without disciplinary incident, but
on 4 August 1982 you received nonjudicial punishment
(NJP) for
two specifications of wrongful possession of marijuana and
possession of drug paraphernalia.
restriction and extra duty for 45 days, a $550 forfeiture of pay,
and a reduction to
paygrade E-l.
The punishment imposed was
During the period from 2 June to 5 November 1983 you received NJP
on three occasions for two specifications of disobedience, two
specifications of failure to obey a lawful order, four periods of
absence from your appointed place of duty, insubordination,
wrongful possession of marijuana, and possession of drug
paraphernalia.
On 29 November 1983 you were notified that administrative
separation action had been initiated by reason of misconduct due
to drug abuse and frequent involvement of a discreditable nature
with military authorities.
consult with legal counsel and to present your case to an
At that time you waived your right to
On 2 December 1983 your
administrative discharge board.
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 7 December 1983 the discharge authority directed discharge
under other than honorable conditions, and on 12 December 1983
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your liberty
card was illegally confiscated.
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge because of your
repetitive disciplinary actions,
your drug abuse.
several of which resulted from
Accordingly your application has been denied.
Nevertheless, the Board
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
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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