DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 7508-02
19 May 2003
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 13 May 2003. 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 reenlisted in the Navy on 7 August 1981 after four years of
prior honorable service. You continued to serve without
disciplinary incident until 14 July 1982 when you received
nonjudicial punishment (NJP) for disrespect and failure to obey a
lawful order. The punishment imposed was restriction and extra
duty for 20 days, a $300 forfeiture of pay, and reduction to
paygrade E-3. On 6 October 1982 you received NJP for a three day
period of unauthorized absence (UA) and disobedience. The
punishment imposed was restriction and extra duty for 20 days and'
a $200 forfeiture of pay.
On 14 April 1983 you received NJP for breach of peace and assault
and were awarded restriction and extra duty for 30 days,
reduction to paygrade E-2, and a $250 forfeiture of pay. On 2
December 1983 you received your fourth NJP for absence from your
appointed place of duty and wrongful use of marijuana. The
punishment imposed was reduction to paygrade E-1, restriction and
extra duty for 30 days, and a $300 forfeiture of pay.
Subsequently, on 9 February 1984, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board. On 16 February 1984 your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to drug abuse. On 26 February 1984 the discharge
authority directed an other than honorable discharge by reason of
misconduct, and on 2 March 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 prior honorable service and your contentions that you did
not use drugs and were denied a second urinalysis test to prove
your innocence. Nevertheless, the Board concluded these factors
and contentions were not sufficient to warrant recharacterization
of your discharge because of your repetitive misconduct, which
resulted in four NJPs. Further, the Board noted that the record
shows that you were given an opportunity to defend yourself, but
waived your procedural rights. The Board further noted that
there is no evidence in the record, and you submitted none, to
support your contention that you did not use drugs. 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
NAVY | BCNR | CY2001 | 04252-01
Docket No: 4252-01 23 November 2001 .This is in reference to your naval record pursuant to the States Code, Section 1552. application for correction of your provisions of Title 10, United A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered...
NAVY | BCNR | CY2004 | 01244-04
Documentary the 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 that the evidence submitted was ±ris~if I iCi N1t. On 8 June 1981 you received nonjudicial punishment (NJP) for a five-day period of unauthorized absence (UA) and were awarded forfeitures of pay, a...
NAVY | BCNR | CY2002 | 09384-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2003. You received NJP on 22 February 1992 for a 17 period of unauthorized absence (UA) and were awarded restriction and extra duty for 4 5 days and a $550 forfeiture of pay. However, the record does not reflect that any disciplinary action was taken for this period of UA.
NAVY | BCNR | CY2002 | 07617-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2003. 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. On 28 August 1983 the discharge authority then directed an other than honorable discharge by reason of misconduct due to drug abuse, and on 30 August...
NAVY | BCNR | CY2001 | 06958-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2 0 0 2 . 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. On 21 December 1983 your commanding officer recommended you be separated under okher than honorable conditions due to drug abuse.
NAVY | BCNR | CY2001 | 08114-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2002. 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. On 16 September 1983 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 21 September 1983 you were so...
NAVY | BCNR | CY2006 | 02757-06
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 round the evidence submitted was insufficient to establish the existence of probable material error o in j u t iceYou reenlisted in the Marine Corps on 21 February 1981 after three years of prior honorable service. ...
NAVY | BCNR | CY2002 | 07506-02
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 . 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. 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...
NAVY | BCNR | CY2002 | 04644-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The punishment imposed was reduction Your record further shows that you received NJP on 14 February 1985 for wrongful use of marijuana. forfeitures of $310 per month for two months, 45 days of restriction and extra...
NAVY | BCNR | CY2001 | 02085-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2000. 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. were sentenced to a $378 forfeiture of pay, restriction for 60 days, and reduction to Your record further reflects that on 24 March 1984 you received NJP for...