Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 07508-02
Original file (07508-02.pdf) Auto-classification: Denied
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 



Similar Decisions

  • NAVY | BCNR | CY2001 | 04252-01

    Original file (04252-01.pdf) Auto-classification: Denied

    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

    Original file (01244-04.rtf) Auto-classification: Denied

    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

    Original file (09384-02.pdf) Auto-classification: Denied

    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

    Original file (07617-02.pdf) Auto-classification: Denied

    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

    Original file (06958-01.pdf) Auto-classification: Denied

    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

    Original file (08114-01.pdf) Auto-classification: Denied

    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

    Original file (02757-06.rtf) Auto-classification: Denied

    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

    Original file (07506-02.pdf) Auto-classification: Denied

    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

    Original file (04644-02.pdf) Auto-classification: Denied

    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

    Original file (02085-00.pdf) Auto-classification: Denied

    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...