DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2441-02
22 May 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 21 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 14 October 1980 at the age of 19.
Your record reflects that you served for a year and three months
without disciplinary incident until 12 January 1982, when you
received nonjudicial punishment
(NJP) for absence from your
appointed place of duty and disobedience.
The punishment imposed
was a $150 forfeiture of pay and restriction and extra duty for
On 24 April and again on 23 July 1982 you received
seven days.
NJP for dereliction in the performance of your duties, absence
from your appointed place of duty, being drunk on duty, and
failure to obey a lawful order.
During the period from 24
September to 9 December 1982 you received NJP on three more
occasions for failure to obey a lawful order, larceny in the
amount of $222, and wrongful possession of marijuana aboard ship.
On 14 December 1982 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse and
commission of a serious offense as evidenced by the six
that time you waived your rights to consult with legal counsel
and to present your case to an administrative discharge board.
The following day, on 15 December 1982, you were diagnosed as
alcohol dependent, but not drug dependent.
recommended you for administrative separation.
The evaluator also
NJPs. At
On 21 December 1982 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to drug
abuse and commission of a serious offense.
comments were noted in the recommendation for separation:
The following
(Member) psychologically alcohol dependent; not drug
dependent and would not benefit from rehabilitation; has
committed numerous disciplinary infractions; has received
NJP on six occasions over past 10 months with the latest
offenses of breaking into a shipmate's locker and stealing
$222 and possession of drugs aboard ship; overall
performance has been substandard and his lackadaisical
attitude has jeopardized the effectiveness of his unit.
On 10 January 1983
On 7 January 1983 the discharge authority directed an other than
honorable discharge by reason of misconduct.
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, post service conduct, and your
contention that your ability to serve was impaired by your use of
It also considered your character reference letters.
alcohol.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant recharacterization of your
discharge because of the serious nature of your repetitive
Accordingly, your
misconduct which resulted in six
application has been denied.
NJPs.
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
2
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