DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370.510
0
ELP
Docket No. 6057-00
9 February 2001
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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 for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 7 February 2001.
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.
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.
The Board found that you enlisted in the Navy on 28 January 1991
for four years at age 18.
following your enlistment,
determined that you should be retained in the Naval Service,
despite a defective enlistment due to fraudulent entry
your failure to disclose pre-service civil involvement.
The record reflects that on the day
the recruit training command
be&ause of
Your record further reflects that you were advanced to SA (E-2)
However,
and served for nearly six months without incident.
during the three month period from July to September 1991, you
received a nonjudicial punishment (NJP) and were convicted by a
Your offenses consisted of sleeping on
summary court-martial.
watch, failure to obey a lawful order or regulation, and
incapacitation for the performance of your duties.
On 10 January 1992, you received a second NJP for two instances
However, the
of use and possession of a controlled substance.
A
NJP was stayed and all rights and privileges were restored.
drug disposition report filed on 2 March 1992 indicated that a
urinalysis you consented to on 15 January 1992 had tested
positive for marijuana.
the period ending 31 January 1992 was adverse and marks of 1.0
were assigned in the categories of reliability, military bearing,
and personal behavior.
Your enlisted performance evaluation for
On 18 March 1992, a second drug disposition report showed that
you tested positive again for marijuana on a 27 February 1992
surveillance urinalysis.
dependent and had no potential for continued service.
The report stated that you were not
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On 22 April 1992 you were convicted by special court-martial of
use of marijuana in February apparently based on the positive
urinalysis of 27 February 1992.
confinement at hard labor for three months, forfeitures of $500
per month for three months,
However, on 30 November 1993, the Navy-Marine Corps Court of
Military Review set aside the conviction and dismissed the
charges, and all your rights, privileges, and property were
restored.
and a bad conduct discharge.
You were sentenced to
On 14 October 1994, you were released from active duty under
honorable conditions and transferred to the Naval Reserve by
You were issued an honorable
reason of reduction in force.
discharge upon completion of your military obligation on
18 December 1998.
Individuals released by reason of reduction in force receive the
type of characterization warranted by the service record.
Character of service is based, in part,
overall trait averages.
averages were 2.8, and 3.4, respectively.
of 3.0 in personal behavior was required for a fully honorable
characterization at the time of your release from active duty.
on personal behavior and
Your military behavior and overall trait
A minimum average mark
However, no justification for such a
The Board noted that five days after the
In its review of your application, the Board conducted a careful
search of your service record for any mitigating factors which
might warrant changing the characterization shown on
214 to fully honorable.
change could be found.
NJP for use and possession of marijuana was set aside, you
tested positive again for use of marijuana.
the fact you had a summary court-martial conviction during the
reporting period appeared to be the primary factors for an
adverse evaluation on 31 January 1992.
in getting an NJP and a special court-martial conviction
overturned, the Board concluded that there was an insufficient
basis for changing the characterization shown on your DD Form 214
given your record of an NJP,
a conviction by summary
court-
your.DD Form
This urinalysis and
While you were successful
failed,to achieve the required average in personal
The Board concluded that the characterization shown on
The fact that you were issued an honorable discharge
martial, the positive urinalysis in January 1992, and the fact
that you
behavior.
upon completion of your military obligation was erroneous and
does not compel the Board to take corresponding action on the DD
Form 214.
the DD Form 214 was proper and no change is warranted.
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
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
3
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