DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
26 August 2002
2697-02
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 21 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.
Documentary material considered by the Board consisted
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.
The Board found that you enlisted in the Navy on 22 August 1974
for four years at age
You served without incident until 26
February 1976 when you received nonjudicial punishment (NJP) for
wrongful possession of marijuana and two instances of violating
a general order or regulation.
reduction to
duty, and forfeitures of $150 per month for two months. A
portion of the forfeitures were suspended for six months.
paygrade E-l, 45 days of restriction and extra
18,
The punishment imposed was a
On 23 March 1976 you were screened for drug use and admitted
that between February 1972 until February 1976 that you used
marijuana daily, barbiturates twice weekly, amphetamines twice
monthly, and opium on 20 occasions.
You further admitted that
you used between
ApAl to December 1975 that you used heroin on
15 occasions.
As a result of your admissions, you were
diagnosed as psychologically but not physically dependent upon
drugs and were referred to the Naval Drug Rehabilitation Center
(NDRC) for treatment.
On 29 April 1976, a rehabilitation consultation from NDRC
documented your minimal participation in the drug therapy
program and provided indications of drug use while in treatment.
As a result of this consultation,
discharge from the Naval service due to the likelihood of future
drug use.
you were recommended for
On 16 August 1976, you were notified that separation action was
being initiated by reason of misconduct due to drug abuse.
were advised of and retained all of your procedural rights.
However, you agreed to waive the right to an administrative
discharge board if you were recommended for a general discharge.
Subsequently, the commanding officer recommended a general
discharge, and this recommendation was approved.
1976 you were so discharged.
On 17 August
You
In its review of your application the Board carefully weighed
all potentially mitigating.factors such as your youth and
immaturity, and your contention that you were an alcoholic
during your service.
discharge was appropriate,
drugs, your extensive in-service drug abuse, and your minimal
Furthermore, the
participation in the drug therapy program.
Board found that your discharge by reason of misconduct was
based on your drug abuse,
regimen, and the likelihood of further drug usage.
evidence to support your contention that your discharge was
based on alcoholism, and you have provided no evidence to
support this claim.
denied.
furnished upon request.
Accordingly, your application has been
failure to participate in treatment
The names and votes of the members of the panel will be
However, the Board found that your general
based on your NJP for possession of
There is no
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
You are entitled to have
In this regard,
the Board.
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.
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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