DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3349-02
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 12 July 1977 at the age of 18.
During the period from 9 July to 1 August 1979, after undergoing
a medical evaluation, you were diagnosed with chronic alcoholism
and admitted to a rehabilitation program.
treatment was terminated when you began an unspecified period of
unauthorized absence (UA).
However, this
On 4 January and again on 7 March 1980, you received nonjudicial
punishment (NJP) for two specifications of wrongful possession of
marijuana.
On 26 August 1981 you were notified of pending administrative
separation action by reason of unsuitability.
waived your procedural rights.
officer recommended an administrative separation by reason of
On 1 October and 27 November 1981 you received
unsuitability.
NJP for two specifications of wrongful possession of marijuana
and disrespect.
On 28 August 1981 your commanding
At that time you
On 3 February 1982 you were convicted by special court-martial
(SPCM) of failure to go to your appointed place of duty, absence
from your appointed place of duty, selling marijuana, and
transferring marijuana.
of pay, confinement at hard labor for 75 days, and reduction to
paygrade E-2.
psychiatric examination for suicidal ideation, you were diagnosed
with a personality disorder with immature and antisocial
personality features.
and refused drug abuse treatment.
At that time you denied suicidal ideation
On 19 February 1982, after undergoing a
You were sentenced to a $900 forfeiture
paygrade E-l.
On 12 April 1982 you received your fifth NJP for disobedience and
were awarded restriction and extra duty for 30 days and a
suspended reduction to
Shortly thereafter, on 5
May 1982, you were notified of pending administrative separation
action by reason of misconduct due to frequent involvement of a
discreditable nature with military and civilian authorities and
drug abuse, and by reason of unsuitability by reason of the
diagnosed personality disorder.
At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board.
recommended an other than honorable discharge by reason of
misconduct due to frequently involvement of a discreditable
nature with military and civilian authorities and drug abuse, and
unsuitability by reason of the diagnosed personality disorder.
On 12 May 1982 the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse,
and on 4 June 1982 you were so discharged.
Your commanding officer then
character reference letters, and your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
contentions that you did not get into trouble until after the
death of your father and when your request for a hardship
discharge was denied.
Nevertheless, the Board concluded these
factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your repetitive
drug related misconduct which resulted in five disciplinary
actions.
your record, and you submitted none, to support your contentions.
Accordingly, your application has been denied.
Further, the Board noted that there is no evidence in
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.
2
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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