DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3885-02
11 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 10 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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 22 April 1981 at the age of 19. On
18 November 1981 you received nonjudicial punishment (NJP) for
possession of drug paraphernalia and were awarded extra duty and
restriction for 30 days and a $150 forfeiture of pay.
The punishment imposed was restriction for 21
a $600 forfeiture of pay, and a
However, on 12 December
On 28 July 1983 you received NJP for possession of marijuana
while on watch.
days, extra duty for 45 days,
suspended reduction to
1983, the suspended reduction in
continued misconduct, and on 13 December 1983, you received NJP
for wrongful use of marijuana.
restriction and extra duty for 45 days,
and reduction to
The punishment imposed was
paygrade was vacated due to your
paygrade E-2.
paygrade E-l.
a $287 forfeiture of pay,
On 16 December 1983 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board.
On 19
December 1983 your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse as
evidenced by your continued involvement with controlled
substances.
1983 the discharge authority directed an other than honorable
discharge by reason of misconduct.
received an other than honorable discharge.
This recommendation was approved, and on 23 December
On 20 January 1984 you
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
considered your training in criminal justice.
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repeated
drug related misconduct,
Accordingly, your application has been denied.
and post service conduct.
It also
Nevertheless, the
which resulted in three
NJPs.
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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