DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 7729-01
13 May 2002
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.
sitting in executive session, considered your
A three-member panel of the Board for Correction of Naval
Records,
application on 7 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
together with all material submitted in support
and applicable statutes, regulations,
Documentary material considered by the Board consisted of
Your allegations of error and
After careful and conscientious consideration of the entire
record,
to establish the existence of probable material error or
injustice.
the Board found the evidence submitted was insufficient
The Board found you enlisted in the Navy on 5 October 1979 at the
age of 18.
Your record reflects that you served for a year and
three months without disciplinary incident but on 6 January 1981
you received nonjudicial punishment
your appointed place of duty and disobedience.
imposed was restriction and extra duty for 30 days, reduction to
paygrade E-l, and a $500 forfeiture of pay.
received NJP for disobedience and were awarded restriction and
extra duty for 45 days and a $100 forfeiture of pay.
months later,
specifications of wrongful use and possession of marijuana.
punishment imposed was confinement at hard labor for 30 days and
a $334 forfeiture of pay.
on 7 May 1981,
(NJP) for failure to go to
you received your third NJP for six
The punishment
On 6 March 1981 you
About two
The
On 25 June 1981 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
on 31 August 1981,
After consulting with legal counsel you elected to
on the advice of your legal counsel, you waived
authorities.
present your case to an administrative discharge board (ADB). On
23 July 1982,
your right to an ADB conditioned upon a recommendation for a
On 26 August 1981 your commanding officer
general discharge.
recommended you for a general discharge by reason of misconduct.
However,
the discharge authority and your commanding officer was directed
to reprocess you for an other than honorable discharge.
September 1981 you were again notified of an administrative
separation by reason of misconduct due to frequent involvement of
a discreditable nature with military and civilian authorities.
At that time you waived your rights to consult with legal counsel
and to present your case to an ADB.
commanding officer recommended an other than honorable discharge
by reason of misconduct.
follows:
this recommendation was denied by
This recommendation noted, in part, as
On 29 September 1981 your
On 24
Member has exhibited a consistent disregard for military
authority....
he has repeatedly violated Navy marijuana
regulations,
superiors,
Counselling of this individual,
ramifications of such behavior within the Navy, including
its international implications, has proven fruitless.
violated command orders, and orders from his
and failure to go to his appointed place of duty.
at all levels concerning the
On 12 December 1981 the discharge authority approved the
foregoing recommendation and directed an other than honorable
discharge,
and on 29 December 1981 you were so discharged.
and your contention that your discharge should be
in its review of your entire record and application,
The Board,
carefully considered all mitigating factors, such as your youth
and immaturity,
upgraded because there was a lack of evidence against you.
However,
the Board found these factors and contention were not
sufficient to warrant recharacterization of your discharge given
your repetitive misconduct,
the circumstances of your case,
discharge was proper and no change is warranted.
your application has been denied.
which included drug abuse.
the Board concluded your
Accordingly,
Given all
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.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard,
presumption of regularity attaches to all official records.
it is important to keep in mind that a
You are entitled to have the
Consequently,
record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
when applying for a correction of an official naval
Sincerely,
W. DEAN PFEIFFER
Executive Director
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