DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 3777-02
6 December 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 3 December 2002.
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 probable material error or
injustice.
You enlisted in the Navy on 4 August 1952 at the age of 17.
served for a year and seven months without disciplinary incident,
but on 18 March 1954 you received nonjudicial punishment
for disobedience and were awarded extra duty for a week.
July 1954, following a medical examination, you were diagnosed
with an inadequate situational maladjustment personality, and
On 29 November
recommended for an administrative separation.
1954 you submitted a written statement in which you admitted to
At that time your commanding
possession and use of marijuana.
officer stated that due to a lack of evidence other than your
confession, you would not be court-martialed.
(NJP)
On 21
You
On 23 March and again on 18 April 1955 you submitted written
requests for a hardship discharge stating, in part, that your
father was gravely ill and that you were needed at home to
provide support for your mother.
denied.
lawful order and were given a warning.
received your third NJP for shirking and were awarded extra duty
On 22 April 1955 you received NJP for failure to obey a
Both of these requests were
On 6 July 1955 you
Shortly thereafter, on 26 April 1955, your
for two weeks.
commanding officer recommended you be issued an undesirable
discharge by reason of unfitness.
discharge authority disapproved this recommendation.
However, on 23 May 1955, the
On 7 July 1955 you were advised that a recommendation for an
undesirable discharge would be resubmitted due to your habitual
shirking of duty and possession and use of marijuana.
At that
time you submitted a written statement retracting your previous
confession of possession and use of marijuana.
thereafter, on 18 July 1955, your commanding officer again
recommended an undesirable discharge by reason of unfitness
because of habitual shirking,
which were not triable by court-martial, and inability to
maintain standards. This recommendation noted, in part, as
follows:
repeatedly committing offenses
Shortly
Recommend Member be discharged because of habitual shirking
duty and repeatedly committed offenses not necessary for
trial by courts-martial, and unable to maintain minimum
standards in any department assigned to duty, is a chronic
complainer, as turned himself into sickbay on numerous
baseless complaints to escape performance of duties. An
investigation has been completed involving the possession
and use of marijuana aboard naval station.
possession and use of marijuana in company with other naval
personnel, all of whom are being recommended for discharge.
Member made statement retracting previous statement,
admitted trying to smoke a marijuana cigarette, but unable
to complete act due to nausea,
and requested retention.
Member confessed
Subsequently, you were processed for separation by reason of
unfitness.
On 31 August 1955 the discharge authority directed an
undesirable discharge by reason of unfitness, and on 20 September
1955 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, post service conduct, and your
contention of religious discrimination.
contention that now that you are older you would like the
undesirable discharge expunged from the record.
Nevertheless,
the Board concluded recharacterization of your discharge was not
warranted because of your repetitive misconduct, which included
the possession and use of drugs.
in the record, and you submitted none, to support your contention
of religious discrimination.
been denied.
Accordingly, your application has
Further, there is no evidence
It also considered your
The names and votes of the members of the panel will be furnished
upon request.
s
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
3
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