DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 7617-02
27 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 20 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 enlisted in the Navy on 7 November 1980 at age 18. You
served for two years and six months without incident, but on 7
May 1982, you received nonjudicial punishment (NJP) for
possession of marijuana. The punishment imposed was restriction
and extra duty for 30 days, a $600 forfeiture of pay, and
reduction to paygrade E-3. On 20 June 1982, after undergoing a
medical evaluation, you were found not to be drug dependent and
it was determined that rehabilitation treatment was not required.
On 13 May 1983 you received NJP for marijuana use and were
awarded restriction and extra duty for 30 days, a $200 forfeiture
of pay, and a suspended reduction in rate. On 10 August 1983
your urine tested positive for controlled substances, however,
you were found not to be drug dependent.
On 16 August 1983 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 21
August 1983 your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse.
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 1983 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and period of good service. The Board
also considered your contention of good post service conduct.
However, a Federal Bureau of Investigation (FBI) report states
that since discharge, you have been convicted by civil
authorities for resisting arrest. Nevertheless, the Board
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge because of your
repetitive drug related misconduct. 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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