DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No:
19 August 2002
4105-01
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 7 August 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
materia.1 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
Documentary
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.
The Board found that you enlisted in the Navy on 23 September
1983.
The record reflects that you received two nonjudicial
punishments.
totalling 29 days, use of drugs,
the Uniform Code of Military Justice.
The offenses consisted of unauthorized absences
and violation of Article 134 of
On 29 April 1985 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse.
recommendation, you elected to waive your right to present your
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
discharge on 9 May 1985.
When informed of the
After review by the
In
potentially mitigating factors,
and good postservice-conduct.
these factors were not sufficient to warrant
its review of your application the Board carefully weighed all
such as your youth and immaturity
However, the Board concluded that
recharacterization
Accordingly, your
The names and votes of the members
of your discharge, given your use of drugs.
application has been denied.
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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