DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No: 7404-01
8 February 2002
Dears.
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 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
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 Navy on 10 September 1981 age 22.
January 1982 you were admitted to the hospital for evaluation of
suicidal behavior.
Subsequently, you were diagnosed with an
antisocial personality disorder, and chronic and severe mixed
polysubstance abuse.
rehabilitation.
On 19 February 1982 you made a sworn statement
and admitted to engaging in homosexual activity since the age of
18 and extensive use of marijuana, mescaline, acid, cocaine, and
speed.
waived treatment by the Navy.
Subsequently, you acknowledged alcohol dependency but
You were not considered motivated for
On 28
you were processed for an
Based on your admissions,
administrative discharge.
you elected to waive your right to have your case heard by an
administrative discharge board.
authority approved the recommendation of your commanding officer
and directed a general discharge by reason of misconduct.
You
were so discharged on 14 June 1982.
In connection with this processing,
On 3 June 1982 the discharge
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and desire to
You state in your application that
serve again in the military.
you made false statements in order to be discharged from the Navy
and that you regret your actions.
factors were not sufficient to warrant recharacterization of your
discharge given your admission of extensive drug abuse and
homosexuality.
the law that an individual who perpetrates a fraud in order to be
discharged should not benefit from that fraud when it is
The Board concluded that whichever version of events
discovered.
is correct, that the discharge was proper as issued and no change
is warranted.
The Board was aware that it is well settled in
The Board found that these
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 PFEIFFER
Executive Director
2
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