DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4182-02
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.
Your allegations of error and
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,
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 February 1984 at the age of 18.
You served for a year without disciplinary incident, but on 15
April 1985, you received nonjudicial punishment (NJP) for
wrongful use of marijuana, misbehavior as a sentinel, and
wrongful use of cocaine.
and extra duty for 30 days,
forfeiture of pay.
The punishment imposed was restriction
reduction to
paygrade E-l, and a $620
On 16 May 1985 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse and
commission of a serious offense.
After consulting with legal
counsel,
you elected to present your case to an administrative
discharge board (ADB).
On 31 May 1985 you submitted a written
statement to an ADB in which you admitted to using marijuana, but
thought you would not get caught.
You also stated that you were
not aware that the marijuana you had used had been laced with
cocaine, and requested retention in the Navy.
recommended separation by reason of misconduct.
1985 your commanding officer recommended an other than honorable
discharge by reason of misconduct due to drug abuse and
However, an ADB
On 13 August
commission of a serious offense. This recommendation noted, in
part, as follows:
Member's performance is unsatisfactory; found sleeping on
watch on 21 February 1985 and was counselled; found sleeping
on watch again on 19 March 1985 and was awarded NJP; at NJP
Member was also found guilty of wrongful use of marijuana
and cocaine on 7 March 1985; his conduct has had an adverse
affect on morale, discipline, and mission effectiveness.
Subsequently, you were processed for separation by reason of
misconduct.
On 1 September 1985 the discharge authority directed
an other than honorable discharge by reason of misconduct, and on
12 September 1985 you were so discharged.
character reference letters, and your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
contention that you believe your misconduct was the result of
your diagnosed schizophrenia since you have not been criminally
involved in any incidents now that you are being properly
medicated.
of your discharge was not warranted because of your drug related
misconduct and overall unsatisfactory performance.
there is no evidence in the record,
support your contention that your ability to properly service was
impaired by your diagnosed schizophrenia.
application has been denied.
Nevertheless, the Board concluded recharacterization
and you submitted none, to
Further,
Accordingly, your
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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