DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No: 5500-01
21 March 2002
..-t_
.
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 19 March 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
Your allegations of error and
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.
You enlisted in the Navy on 3 June 1982 at age 21.
You then
served without incident until 15 August 1983.
received nonjudicial punishment for disrespect, and possession
and use of marijuana.
a summary court-martial of two periods of unauthorized absence
totaling about 21 days, breaking restriction, disobedience and
use of marijuana.
On 28 February 1984, you were convicted by
On that date, you
Based on the foregoing record, you were processed for an
administrative discharged by reason of misconduct.
with this processing, you elected to waive the right to have your
case heard by an administrative discharge board.
On 23 March
1984 the discharge authority approved the recommendation of your
commanding officer that you be discharged for misconduct with a
discharge under other than honorable conditions.
Seven days
later, you were convicted by another summary
unauthorized absence of about five days and possession and use of
marijuana.
conditions on 6 April 1984.
You were discharged under other than honorable
court-martial,of an
In connection
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your'youth and contention
The Board
that you have been a good citizen for many years.
found that these factors and contentions were not sufficient to
warrant recharacterization of your discharge given your record of
misconduct and especially the multiple instances of possession
and use of marijuana.
proper as issued and no change is warranted.
The Board concluded that the discharge was
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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.
.
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Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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