DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 4990-01
15 January 2002
Dear
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 8 January 2002.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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 enlisted in the Navy on 12 July 1988 at the
Your record reflects that you served for a year and
age of 17.
10 months without disciplinary incident but on 11 May 1990
you
received nonjudicial punishment (NJP) for a 16 day period of
unauthorized absence (UA) and wrongful use of cocaine during the
period from 4 to 6 April 1990.
forfeiture of pay, restriction and extra duty for 45 days, and a
reduction to
The punishment imposed was a $842
paygrade E-3.
On 18 May 1990 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
On 22 May 1990
submit a statement in rebuttal to the discharge.
your commanding officer recommended you be discharged under other
than honorable conditions by reason of misconduct due to drug
abuse.
The recommended noted, in part, as follows:
(Member) has been on active duty for 22 months.... he has
had ample exposure to the Navy's zero tolerance toward drug
abuse and yet he used cocaine....
May 1990 for this offense was his first, wrongful use of an
illegal drug is unacceptable conduct.... his overall
performance has been marginal at best, and he demonstrated
no potential for further useful Naval Service.... I strongly
recommended this immediate administrative discharge, under
other than honorable conditions.
while his appearance on 11
Subsequently, on 13 June 1990, the discharge authority directed
an other than honorable discharge by reason of misconduct due to
drug abuse.
On 12 July 1990 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, good post service conduct, and the
character reference letters submitted in support of your case.
The Board further considered your contentions that clemency is
warranted in your case because the punishment you received was
too severe compared to today's standards, and that it is an
injustice for you to continue to suffer the adverse consequences
of an other than honorable discharge.
concluded these factors and contentions were not sufficient to
warrant recharacterization of your discharge or a change in your
reason for separation or reenlistment code because of the serious
nature of using cocaine, your period of UA, and your marginal
performance.
concluded your discharge, narrative reason for separation, and
reenlistment code were proper as issued and no change is
warranted.
Given all the circumstances of your case, the Board
However, the Board
Accordingly, your application has been denied.
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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