DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3374-02
15 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.
13-November 2002.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material considered by the Board consisted of
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
injustice.
Trobable material error or
You reenlisted in the Navy on 15 July 1982 after two years of
prior honorable service.
years without disciplinary incident,
received nonjudicial punishment (NJP) for absence from your
appointed place of duty and wrongful use of marijuana.
punishment imposed was reduction to
suspended for six months.
letter of substandard service which noted your misconduct as a
petty officer.
response to the letter of substandard service in which you
requested retention in the Navy.
paygrade E-4 which was
On 30 August 1984 you received a
On 11 December 1984 you submitted a written
but on 19 June 1984 you
You continued to serve for nearly two
The
On 28 July 1987 you were convicted by special court-martial
(SPCM) of drunken or reckless driving, wrongful use and
possession of marijuana,
were sentenced to confinement at hard labor for 60 days,
reduction to
Subsequently, the BCD was approved at all levels of review, and.
on 7 December 1987 you were so discharged.
paygrade E-3, and a bad conduct discharge (BCD).
and failure to obey a lawful order.
You
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and post service conduct.
It also
considered your desire to obtain employment with state, federal,
or local governments.
Nevertheless, the Board concluded these
factors and your desire for employment were not sufficient to
warrant recharacterization of your discharge because of your
repetitive drug related misconduct while serving as a petty
officer, a position of leadership.
has been denied.
Accordingly, your application
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
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