DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 6109-01
12 February 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
application on 5 February 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.
together with all material submitted in support
your application,
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.
On 9 February 1982 you began a three year period of active
Your record reflects that you served for a year and four
The Board found you enlisted in the Naval Reserve on 6 November
1981.
duty.
months on active duty without disciplinary incident but on 7 June
1983 you received nonjudicial punishment (NJP) -for wrongful use
of marijuana and hashish.
forfeiture of pay, a reduction in rate, and restriction and extra
duty for 45 days.
The punishment imposed was a $400
Your record further reflects that on 14 May 1984 you received NJP
for 20 specifications of wrongful possession of marijuana and
were awarded extra duty for 45 days, a reduction in rate, and a
$600 forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel,
case to an administrative discharge board (ADB).
an ADB recommended you be separated under other than honorable
conditions by reason of misconduct due to drug abuse.
you elected to present your
On 30 May 1984
On 29 June
1984 your commanding officer recommended you be discharged under
other than honorable conditions by reason of misconduct.
July 1984 the discharge authority directed an other than
honorable discharge by reason of misconduct, and on 8 August 1984
you were so discharged.
On 23
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 did not
use drugs and were not in possession of any drugs.
also considered your contention that you were punished because
military authorities thought you had knowledge of someone who was
in possession of drugs and you would not divulge any names.
Board further considered your contention that you were told that
you could go to jail for tampering with U. S. mail, when, in
fact, all you did was remove some panty-hose from a trash
container.
contentions were not sufficient to warrant recharacterization of
your discharge because of your repetitive drug related
misconduct.
support your contention,
evidence.
concluded your discharge,
warranted.
Given all the circumstances of your case, the Board
However, the Board concluded these factors and
The Board noted that you submitted no evidence to
and the records contains no such
Accordingly, your application has been denied.
was proper as issued and no change is
The Board
The
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
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