DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
11 September 2002
4024-02
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 11 September 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 20 November 1975 at age 18.
attitude, and recommended your discharge from the Navy.
January 1977 you received nonjudicial punishment for an
unauthorized absence of about seven days.
During
1976 you received nonjudicial punishment on five occasions for
six periods of unauthorized absence totaling about eight days,
use of marijuana, disrespect and disobedience.
1976 you were transferred for treatment of your drug dependency.
On 10 January 1977 the Navy Drug Rehabilitation Center noted your
continuing unauthorized absences,
On 11
you were processed for an
In connection with this processing,
Based on the foregoing record,
administrative discharge.
you elected to waive your right to have your case heard by an
administrative discharge board.
authority approved the recommendation of your commanding officer
that you be discharged for misconduct with a discharge under
other than honorable conditions.
your record.
discharged after 1 February 1977 instead of on 19 January 1977 as
you state in your application.
However, it appears that you should have been
On 1 February 1977 the discharge
The DD Form 214 is not filed in
such as your youth and desire for
In its review of your application the Board carefully weighed all
potentially mitigating factors,
The Board found that these factors were not
a better discharge.
sufficient to warrant recharacterization of your discharge given
your disciplinary record and failure to complete the drug
Current regulations do not preclude the
rehabilitation program.
issuance of a discharge under other than honorable conditions to
individuals who are found to be drug dependent.
concluded that the discharge was proper as issued and no change
is warranted.
The Board
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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