DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5691-00
26 February 2001
_-
Dear
w,
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 13 February 2001.
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.
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 Naval Reserve on 30 June 1976
at the age of 18.
Your record reflects that on 13 April 1977 you
received nonjudicial punishment
unauthorized absence (UA) and were awarded restriction for a 11
days and a $274 forfeiture of pay.
received NJP for use of dangerous drugs, specifically,
nine Dexidrine, and
was a $424 forfeiture of pay and restriction for 60 days.
(NJP) for a 10 day period of
On 23 September 1977 you
l/2 gram of hashish.
The punishment imposed
14'Valium,
Your record further reflects that on 12 January and again on 8
June 1978 you received NJP for two periods of absence from your
appointed place of duty, wrongful use of marijuana, and larceny
of property valued at $27.80.
Approximately a year later,
by special court-martial (SPCM) of two periods of UA totalling
176 days.
You were sentenced to confinement at hard labor for 90
on 15 June 1979, you were convicted
I a $837 forfeiture of pay, reduction to
paygrade E-l, and a
&YS
Subsequently, the BCD was approved
bad conduct discharge (BCD).
at all levels review, and on 14 May 1981 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 and your contention that you were told
that your discharge would be automatically upgraded six months
after your separation.
factors and contention were not sufficient to warrant
recharacterization of your discharge given the seriousness of
The Board noted that there is no
your drug related misconduct.
evidence in your record, and you submitted none, to support your
Further, no discharge is upgraded merely because of
contention.
the passage of time.
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
However, the Board concluded these
The Board further concluded that your
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
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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