DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 4835-01
22 January 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 15 January 2002.
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.
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.
The Board found you reenlisted in the Navy on 13 November 1981
after four years of prior honorable service.
reflects that you continued to serve for two years and seven
months without disciplinary incident but on 13 June 1984 you
received nonjudicial punishment
marijuana.
restriction and extra duty for 30 days, and a reduction to
paygrade E-4.
The punishment imposed was a $920 forfeiture of pay,
(NJP) for wrongful use of
Your record
The report noted, in part, that you had no desire to
On 18 June 1984, after undergoing a medical examination, you were
diagnosed with drug abuse and recommended for an administrative
separation.
stop using drugs, but you would quit using drugs until you were
separated from the Navy.
However, on 12 September 1984, you
received a second NJP for wrongful use of marijuana.
punishment imposed was a $700 forfeiture of pay, reduction to
paygrade E-3, and restriction and extra duty for 45 days.
restriction and extra duty were suspended for six months.
The
The
On 18 September 1984 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your rights to consult with legal counsel,
present your case to an administrative discharge board, and to
submit a statement in rebuttal to the discharge.
1984 your commanding officer recommended you be discharged under
other than honorable conditions by reason of misconduct due to
drug abuse.
On 4 October 1984 the discharge authority directed
an other than honorable discharge by reason of misconduct due to
drug abuse and on 11 October 1984 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and the enlisted performance
evaluations submitted in support of your case.
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your repetitive drug use, which resulted in two
and your choice to continue using drugs.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge,
Accordingly,
However, the
On 24 September
Given all the
NJPs,
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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