DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
28 February
7093-01
2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 26 February 2002.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps for four years on 20 August 1981
at age 18.
concerning your poor attitude and job performance.
On 20 May
1983 you received nonjudicial punishment for seven instances of
failing to go to your appointed place of duty.
During 1982 you were counseled on two occasions
On 5 October 1983, a Navy drug laboratory reported that a
urinalysis showed that you had used marijuana.
were placed on a urinary surveillance program.
you received nonjudicial punishment for use of marijuana.
On 1
November 1983 the drug laboratory reported that a urine sample of
3 October 1983 had tested positive for cocaine.
At that time, you
On 7, October 1983
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to drug
abuse.
In connection with this processing, you elected to waive
your right to have your case heard by an administrative discharge
board.
On 7 December 1983, the discharge authority approved the
recommendation of your commanding officer that you be discharged
for misconduct with a discharge under other than honorable
conditions.
The next day you accepted an opportunity for
for treatment of your psychological dependence on drugs at a
Department of Veterans Affairs (DVA) Hospital, prior to
discharge.
There is then an unexplained gap in your record until 28 March
1984.
stated that you no longer desired treatment by the DVA.
On that date, you reversed your earlier decision and
The DD
Form 214 is not filed in your record, however, other entries show
that you were discharged under other than honorable conditions,
on 6 April 1984.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
The Board also considered your contention that the drug
service.
abuse was an isolated incident and you were not drug dependent.
The Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
your disciplinary record, use of marijuana, and use of cocaine
while in a surveillance program.
discharge was proper as issued and no change is warranted.
The Board concluded that the
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
Executive Director
PFEIFFER
2
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