DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 7506-02
1 9 May 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 1 0 , United
States Code, Section 1 5 5 2 .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 3 May 2 0 0 3 . Your allegations of error and
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.
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.
You enlisted in the Navy on 30 December 1980 at age 2 6 . You
served for a year without disciplinary incident, but on 3 1
December 1 9 8 1 , you received nonjudicial punishment (NJP) for
dereliction in the performance of your duty and were awarded a
reduction to paygrade E-1.
You then served without disciplinary incident until 2 0 September
1983 when you received NJP for wrongful use and possession of
marijuana. The punishment imposed was a $200 forfeiture of pay
and a reduction to paygrade E-2, which was suspended for six
months. On 1 9 November 1983 your commanding officer submitted a
written report stating that your potential for further service
was good pending your behavioral changes upon completion of your
rehabilitation treatment.
During the period from 2 0 to 30 April 1984 you were in an
unauthorized absence (UA) status for 1 0 days. However, the
record does not reflect that any disciplinary action was taken
for this period of UA.
On 1 May 1984 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected your right to
present your case to an administrative discharge board (ADB) and
to submit a statement in rebuttal to the discharge. Shortly
thereafter, on 7 May 1984, you received NJP for wrongful use of
marijuana, wrongful possession of marijuana, absence from your
appointed place of duty, and failure to obey a lawful order. The
punishment imposed was a $668 forfeiture of pay, reduction to
paygrade E-2, and extra duty for 45 days. On 17 May 1984 you
received NJP for failure to go to your appointed place of duty
and absence from your appointed place of duty. The punishment
imposed was extra duty for 45 days.
On 24 June 1984 an ADB recommended separation under other than
honorable conditions by reason of misconduct due to drug abuse.
Your commanding officer also recommended separation under other
than honorable conditions by reason of misconduct due to drug
abuse, stating, in part, as follows:
Totally concur with ADB.. .. member's record speaks for
itself .... he is a recreational abuser of drugs and has no
intention of stopping that illegal practice .... equally
important, he daily becomes more nonproductive and is a
growing administrative burden .... he is not suited for
continued Naval Service and should be discharged.
On 25 July 1984 the discharge authority directed discharge under
other than honorable conditions, and on 7 August 1984 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your contention that not being awarded an upgrade of your
discharge is unfair since you have been out of the service for
nearly 20 years. Nevertheless, the Board concluded that
recharacterization of your discharge was not warranted because of
your repetitive misconduct, which resulted in four NJPS, two of
which were drug related. Further, no discharge is automatically
upgraded due to the passage of time. Accordingly, your
application has been denied.
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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