DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5466-02
27 February 2003
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 25 February 2003.
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 the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
You enlisted in the Navy on 9 May 1980 at the age of 21. You served
without disciplinary incident until 25 March 1981, when you received
nonjudicial punishment (NJP) for failure to obey a lawful order and
disrespect. The punishment imposed was restriction and extra duty for 30
days.
On 24 April and again on 9 May 1984 you received NJP for wrongful use of
marijuana, amphetamines, and methamphetamines, five periods of absence
from your appointed place of duty, disrespect, to specifications of
failure to obey a lawful order, breaking restriction, larceny, and two
periods of unauthorized absence (UA) totalling 20 days.
On 24 May 1984 you were notified of pending administrative separation
action by reason of misconduct due to drug abuse. After consulting with
legal counsel you submitted a statement of rebuttal to the separation, but
waived your right to present your case to an administrative discharge
board. On 30 May 1984 your commanding officer recommended an other than
honorable discharge
/
by reason of misconduct due to frequent involvement of a discreditable
nature with military authorities. On 9 June 1984 the discharge authority
then directed an other than honorable discharge by reason of misconduct,
and on 13 June 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 youth and
immaturity, character reference letter, and your contention of marital
problems. It also considered your contention that you used drugs in order
to cope with certain situations. Nevertheless, the Board concluded these
factors and contentions were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive misconduct,
which also included the use of illegal drugs. 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
2
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