DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4632-01
16 January 2002
Section 1552.
Dears
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 January 2002.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material 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.
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 21 November 1983
at age 18.
nonjudicial punishments.
incapacitated for duty, absence from your appointed place of
duty, failure to obey a lawful order,
marijuana on two occasions.
On 14 November 1985 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
misconduct due to commission of a serious offense and drug abuse.
When informed of the recommendation,
you elected to waive the
right to present your case to an administrative discharge board.
Subsequently, on 20 December 1985 a medical evaluation board
Crohn's disease that were in
found that you had HIV and
remission.
After review by the discharge authority, the
recommendation for separation was approved and you were
discharged with an other than honorable discharge by reason of
misconduct due to drug abuse.
The record reflects that you received three
The offenses included being
and possession and use of
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you were not given proper counseling
However, the Board concluded that
during the discharge process.
these factors were not sufficient to warrant recharacterization
of your discharge, given your repeated involvement with drugs.
In this regard, there is no evidence, and you have presented
Accordingly, your
none, that you were not properly counseled.
application has been denied.
of the panel will be furnished upon request.
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.
The names and votes of the members
Sincerely,
W. DEAN PFEIFFER
Executive Director
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