DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5470-02
19 September 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
Your allegations of error and
application on 18 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 8 June 1983 at
age 19.
On 25 May 1985 you
nonjudicial punishment for use of marijuana.
were released from a drug and alcohol treatment program for
refusing to take antabuse.
On 26 June 1985 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse, and stated that you were not
amenable to drug rehabilitation or treatment.
the recommendation, you elected to waive the right to present
your case to an administrative discharge board.
the recommendation for separation was
the discharge authority,
approved and you were discharged on 23 July 1985 with an other
than honorable discharge.
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 feared for your life if you took
The record reflects that on 11 May 1985 you received
When informed of
After review by
However, the Board concluded that these factors were
In this regard, you have
antabuse was lethal.
antabuse is a frequently prescribed drug, and such a
The names and votes of the members of the panel
antabuse.
not sufficient to warrant recharacterization of your discharge,
given your involvement with drugs.
provided no evidence to support your contention that at the time
Even if
of your service, you believed that
you did,
Accordingly, your application has
belief has no basis in fact.
been denied.
will be furnished upon request.
It is regretted that the circumstances of your case are such that
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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