DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 6149-01
12 February 2002
Dear
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.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
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 Navy on 25 May 1982 at the
Your record reflects that you served for two years
age of 21.
without disciplinary incident but on 12 May 1984 you received
nonjudicial punishment (NJP) for wrongful possession and use of
The
marijuana and wrongful possession of drug paraphernalia.
punishment imposed was a $500 forfeiture of pay, restriction for
45 days, and a reduction to rate.
Your record contains two substance abuse reports.
report, dated 11 June 1984,
The second report,
assignment to a drug rehabilitation program.
dated 30 November 1984, notes that your urine tested positive for
marijuana on 25 October 1984 and states that your commanding
officer was to process you for an administrative separation.
The first
notes the 12 May 1984 NJP and your
On 7 December 1984 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse as
evidenced by the 12 May 1984 NJP and your continued use of drugs
during rehabilitation.
consult with legal counsel,
At that time you waived your rights to
present your case to an
administrative discharge board, and to submit a statement in
On 11 December 1984 your commanding
rebuttal to the discharge.
officer recommended you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse.
December 1984 the discharge authority directed an other than
honorable discharge, and on 3 January 1985 you were so
discharged.
On 20
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that you were not given notice of your discharge and
where not afforded legal counsel or an ADB.
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge because of your drug
related misconduct, and your choice to continue using drugs
during rehabilitation treatment.
you were notified of your discharge and afforded all of your
procedural rights, but chose to waive those rights.
the circumstances of your case,
discharge, was proper as issued and no change is warranted.
Accordingly, your application has been denied.
Further, the Board noted that
Given all
However, the Board
the Board concluded 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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