DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
FC
Docket No: 07357-02
24 January 2003
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 23 January 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
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.
During the period of.22 April 1982 through 5 March
The Board found that you enlisted in the Navy on 8 September 1980
at age 17.
1983,you were awarded four nonjudicial punishments for failure to
obey a lawful order, absence from appointed place of duty,
unauthorized absence of 1 hour and 45 minutes, unauthorized
absence for 3 hours and 3 minutes, and dereliction of duty.
On 16 March 1983, you were awarded a fifth
for use of marijuana.
$286.80 for two months,
l, and extra duty for 45 days.
The punishment imposed was forfeiture of
restriction for 45 days, reduction to E-
nonjudical punishment
On 23 April 1983, the commanding officer (CO) informed you that
you were being processed for administrative discharge by reason
of misconduct due to drug abuse.
You were advised of your rights
and after consulting with counsel,
you elected to retain right to
obtain copies of documents forwarded to Commander Naval Military
On 24 May 1983, you were awarded a sixth nonjudicial
The punishment
Personnel Command and the right to submit statements in your own
behalf.
punishment for failure to obey lawful order.
imposed was forfeiture of $50.00 for two months.
On 6 July 1983,
the Commander Naval Military Personnel Command directed that you
be separated with a discharge under other than honorable
conditions, and on 21 July 1983, you were so discharged.
The Board carefully weighed all
In its review of your case,
potentially mitigating factors, such as your youth and
immaturity and the length of time that has passed since you were
discharged from the Navy.
these factors were not sufficient to warrant recharacterization
of your discharge because of the serious nature your
related misconduct as well as the five other nonjudicial
punishments you received.
been denied.
will be furnished upon request.
Accordingly, your application has
The names and votes of the members of the panel
Nevertheless, the Board found that
drug-
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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