DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5540-02
6 March 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 4 March 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 were commissioned in the Navy on 27 May 1981 at the age of
25. You then served without incident until 2 May 1983, when the commanding
officer recommended your relief for cause due to unsatisfactory performance
of duty. On 1 November 1983 the Chief of Naval Personnel (CNP) approved
this request.
On 7 February 1984 you received nonjudicial punishment (NJP) for wrongful
use of marijuana. The punishment imposed was a $700 forfeiture of pay and a
punitive letter of reprimand.
On 31 May 1984 CNP notified you of pending administration separation action
and advised that a board of inquiry to would be convened to consider your
case. At that time, you were afforded the opportunity to tender a
resignation for the good of the service. You did so on 25 June 1984 and
acknowledged that separation would be under other than honorable
conditions. On 11 August 1984 the discharge authority directed discharge
under other than honorable conditions by reason of misconduct due to drug
use, and on 24 September 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 post service
conduct. It also noted your request to have a fitness report expunged from
your record, but further noted that the Board previously denied this
request, and you have submitted no new and material evidence to warrant
reconsideration. It also considered your contention that your discharge was
not upgraded even though you had evidence that should have resulted in
clemency. Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant recharacterization of your discharge because
of your poor performance, and especially the seriousness of your drug
related misconduct as a commissioned officer. 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
NAVY | BCNR | CY2003 | 00265-03
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. On 13 April 1984, the separation authority directed that you be separated with an other than honorable discharge by reason of misconduct. The Board also considered the contentions you made in an attachment to your application.
NAVY | BCNR | CY2002 | 07508-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 May 2003. On 14 April 1983 you received NJP for breach of peace and assault and were awarded restriction and extra duty for 30 days, reduction to paygrade E-2, and a $250 forfeiture of pay. 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.
NAVY | BCNR | CY2006 | 04092-06
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 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 Reserve on 21 October 1983. After review by the...
NAVY | BCNR | CY2002 | 08189-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 2003. 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. On 26 March 1985, you received a third NJP for use of marijuana, and were awarded forfeitures of pay, reduction to paygrade F- i, and restriction.
NAVY | BCNR | CY2002 | 07506-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 3 May 2 0 0 3 . 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. You served for a year without disciplinary incident, but on 3 1 December 1 9 8 1 , you received nonjudicial punishment (NJP) for dereliction in...
NAVY | BCNR | CY2003 | 06529-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 May 2003. After review discharge authority, the recommendation for separation wa approved and you were discharged on 26 November 1984 with an other than honorable discharge. 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.
NAVY | BCNR | CY2003 | 02598-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 2003. 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. The Board also noted the previous positive urinalysis test for marijuana for which you did not receive disciplinary action.
NAVY | BCNR | CY2001 | 04736-01
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. forfeiture of pay and restriction and extra duty for 30 days. The punishment imposed was a $550 The punishment imposed was restriction for 60 days and Your record further reflects that on 25 January 1984 you received NJP for wrongful use of marijuana and failure to submit to drug testing.
NAVY | BCNR | CY2008 | 02669-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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. On 6 November 1984, you were discharged with an OTH discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2002 | 05707-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 2003. You were sentenced to confinement at hard labor for three months, a $1,200 forfeiture of pay, reduction to paygrade E-1, and a bad conduct discharge (BCD). 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.