DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
WMP
Docket No:
19 August 2002
2585-02
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.
considered your
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session,
application on 14 August 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.
material considered by the Board consisted
Your allegations of error and
Documentary
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 11 March 1983 you were counseled
The Board found that you enlisted in the Navy on 1 May 1980 for
four years at age 17.
concerning your positive random urinalysis result for marijuana
and warned concerning the consequences of further misconduct.
You were placed in a rehabilitation screening program until 21
April 1983 and assigned to the Navy Drug Safety Action Program
(NDSAP) course on 14 March 1983, which you successfully
completed on 21 March 1983.
On 30 March 1983, you received nonjudicial punishment
wrongful use of marijuana on or about 7 February 1983, based on
the foregoing urinalysis.
The punishment imposed was an oral
admonition, a forfeiture of $352 per month for two months, and
reduction to
Additionally, you were awarded 45
paygrade' E-2.
(NJP) for
days of extra duty, however,
six months.
this punishment was suspended for
On 21 December 1983 you received NJP for wrongful use of
marijuana on or about 18 October 1983.
was a forfeiture of $321,
of restriction.
reduction to
The punishment imposed
paygrade E-2, and 14 days
On 21 December 1983,
were dependent on alcohol or drugs.
evaluation you were found not to be alcohol or drug dependent.
you were evaluated to determine whether you
As a result of this
you were notified that separation action
On 28 December 1983,
was being initiated by reason of misconduct due to drug abuse.
You were advised of your procedural rights and exercised your
rights to consult with counsel,
supporting the basis for your proposed separation, and to submit
verbal or written statements.
obtain copies of documents
On 8 January 1984, you provided a written statement contending
"that it would be very unfair to receive an other than honorable
discharge under the circumstances that I have served three years
and nine months in the United States Navy."
contended that your second positive urinalysis was not accurate,
however, you could not that you did not use marijuana.
You additionally
On 19 January 1984 your commanding officer forwarded the
separation action, recommending an other than honorable
discharge due to misconduct, to the Commander, Naval Military
Personnel Command
other than honorable discharge by reason of misconduct due to
drug abuse.
On 16 February 1984, you were so discharged.
On 8 February 1984 CNMPC directed
(CNMPC).
ar
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your age and
immaturity and the fact that you completed nearly three years of
service without incident.
The Board also noted your contention
that you did not receive any rehabilitation.
concluded that the record fully supported your processing for
separation by reason of misconduct due to drug abuse as
evidenced by your two
urinalysis tests for marijuana.
Additionally, the Board found
that your other than honorable discharge was appropriate, based
NJP's that resulted from two positive
However, the Board
NJP's for drug abuse.
on your
completed NDSAP, which was the appropriate level of
rehabilitation for an individual who was not drug dependent.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
The Board also noted that you
The names and
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,
naval record,
existence of probable material error or injustice.
when applying for a correction of an official
the burden is on the applicant to demonstrate the
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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