DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 3041-02
13 November 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 13 November 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 24 April 1981 at the age of 19. At
that time you had received a graduate equivalency diploma (GED).
On 30 October and again on 18 December 1981, you received
nonjudicial punishment
disobedience, failure to obey a lawful order, communicating a
threat, and drunk and disorderly conduct.
November 1982 you received NJP for disrespect, insubordination,
two specifications of failure to obey a lawful order, drunk and
disorderly conduct, urinating on deck, breach of peace, wrongful
appropriation, assault,
words and gestures.
(NJP) for four specifications of
and two specifications of using provoking
On 23 September and 18
On 27 April 1983 you received NJP for failure to go to your
appointed place of duty, drunkenness on duty, and using provoking
gestures.
On 23 June 1983 you received your sixth NJP for disobedience,
communicating a threat,
The punishment imposed was a $570 forfeiture of pay.
two specifications of drunk and
disorderly conduct, possession of drug paraphernalia, and four
specifications each of disrespect,
The punishment
order, and wrongful possession of marijuana.
imposed was restriction for 20 days and a $500 forfeiture of pay.
failure to obey a lawful
On 13 July 1983 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board.
On 19 July 1983, after undergoing a medical examination, you were
found not to be drug or alcohol dependent.
August 1983, your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse and
frequent involvement of a discreditable nature with military
authorities.
On 21 August 1983 the discharge authority then
directed an other than honorable discharge by reason of
misconduct, and on 31 August 1983 you were so discharged.
Subsequently, on 1
It also considered your
Regarding your contention of
Further, the Board considered your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, limited education, alcohol problem,
and post service accomplishments.
contentions of inadequate'alcohol rehabilitation and not
receiving a mental examination.
good post service conduct, a Federal Bureau of Investigation
(FBI) reports states that since discharge you have been convicted
by civil authorities of driving under the influence and
disorderly intoxication.
contentions that your misconduct consisted of isolated and minor
offenses, and your ability to service was impaired by your
limited education and alcohol abuse.
Nevertheless, the Board
concluded these factors and contentions were not sufficient to
warrant recharacterization of your discharge because of your
repetitive misconduct.
had an alcohol abuse problem, you received treatment for that
problem in February and December 1982.
that there is no evidence in the record,
to support your contentions.
been denied.
and you submitted none
Accordingly, your application has
The Board also noted that although you
Also, the Board noted
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.
2
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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