DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3601-01
22 January 2002
c
Dear
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 15 January 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.
The Board found you enlisted in the Navy on 12 September 1994 at
the age of 18.
years and six months without disciplinary incident.
Your record reflects that you served for two
On 28 May and 6 June 1997,
examinations, you were diagnosed with an adjustment disorder and
a depressed mood.
The psychiatric reports noted, in part, that
you were frustrated with Navy life.
you had feelings of self-harm and were extremely unhappy with
military life.
after undergoing psychiatric
This reports also noted that
Your record further reflects that on 20 August 1997 you received
nonjudicial punishment (NJP) for wrongful use of marijuana on
diverse occasions from March to July 1997.
imposed was a $500 forfeiture of pay,
for 45 days, and a reduction to
restriction and extra duty
The punishment
paygrade E-2.
On 27 August 1997,
following a medical examination,
abuser, but not drug dependent.
out-patient treatment at an alcohol and drug rehabilitation
center.
you were found to be a drug
You were offered, but declined,
On 4 September 1997 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your rights to consult with legal counsel,
present your case to an administrative discharge board, and to
submit a statement in rebuttal to the discharge.
1997 your commanding officer recommended you be discharged under
other than honorable conditions by reason of misconduct due to
drug abuse.
The recommendation noted, in part, that you were
incapable of adhering to the rules and regulations of the Navy
and that you were simply unwilling to conduct yourself in a
manner conducive to good order and discipline.
On 9 September
Subsequently, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse and
on 13 October 1997 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge because of the
serious nature of your repetitive drug related misconduct and
your choice to decline an offer for rehabilitation treatment.
Given all the circumstances of your case, the Board concluded
your discharge, was proper as issued and no change is warranted.
Accordingly, your application has been denied.
and your post service conduct.
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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