DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 8029-02
25 February 2003
This is in reference to your application for correction of your naval
record pursuant to the provisions of title 10 of the 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 21
February 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 that the evidence submitted was insufficient to establish
the existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 30 April 1976. You
received nonjudicial punishment on nine occasions for a variety of
offenses, to include multiple drug offenses. You were referred for
substance abuse evaluation, and disclosed a history of polydrug abuse,
to include heroin, LSD, “crystal meth”, quaaludes, speed, downers,
marijuana, hash, PCP, cocaine, and heavy alcohol abuse. You were
discharged under other than honorable conditions on 28 November 1979,
by reason of misconduct/drug abuse.
The Board concluded that your service was appropriately characterized
with a discharge under other than honorable conditions, given your
extensive disciplinary record and use of illegal drugs. As you have not
presented any evidence which indicates that your discharge was
erroneous, or that it would be in the interest of justice to upgrade
your discharge, the Board was unable to recommend any corrective action
in your case. 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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