DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY
WASHINGTON DC
2
ANNEX
20370-5100
TJR
Docket No: 3919-02
11 December 2002
is in reference to your application for correction of your
This
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 28 October 1980 at the age of 22.
7 January 1981 you received nonjudicial punishment (NJP) for
possession of marijuana and were awarded a $400 forfeiture of
pay.
evaluation, you were found not to be drug dependent and
recorranended for an administrative separation.
On 23 January 1980, after undergoing a drug and alcohol
On
Subsequently, you submitted a written statement in which you
admitted to participating in homosexual acts prior to enlistment.
You were then notified of pending administrative separation
action by reason of misconduct due to fraudulent enlistment as
evidenced by your failure to disclose your participation in
service homosexual acts and possession of drugs.
you waived your right to consult with legal counsel and to
present your case to an administrative discharge board.
Your
commanding officer recommended a general discharge by reason of
misconduct due to fraudulent enlistment.
approved and the discharge authority directed a general discharge
by reason of misconduct.
discharged.
On 26 February 1981 you were so
At that time
This recommendation was
pre-
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
immaturity and your contention that you were discharged from the
Navy due to a breach of contract because you did not received the
training for which you enlisted.
contention that you believe that you should receive benefits for
the time you served your country.
concluded these factors and contentions were not sufficient to
warrant a change in the characterization of your discharge.
Board concluded that your failure to disclose your pre-service
participation in homosexual conduct and the NJP for possession of
marijuana were sufficient to support a general discharge.
Further, an individual separated by reason of misconduct would
normally receive a discharge under other than honorable
conditions, and the Board noted that you were fortunate to
receive a general discharge.
been denied.
Accordingly, your application has
The
It also considered your
Nevertheless, the Board
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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