DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 08181-02
27 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 20 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 28 January 1985 at age
17. You then served without incident until 16 May 1986, when you
received nonjudicial punishment (NJP) for using provoking words, and
assault and battery. You were awarded 15 days of restriction and
forfeitures of pay. On 24 June 1986 you received a second NJP for use of
marijuana, and were awarded restriction and extra duty, forfeitures of
pay, and reduction to paygrade E-2.
On 25 July 1985, you were informed of administrative discharge
processing by reason of misconduct. On 31 July 1986, a medical
evaluation indicated that you were not drug dependent, and that you
denied any recent use of marijuana, but admitted to prior marijuana use.
On 12 August 1986, you were advised of your procedural rights concerning
the pending separation action, and
requested copies of documents that would be forwarded to the separation
authority, and elected to make a statement. On 12 August 1986, you made a
statement indicating that you had not been associated with any type of drug
use while on active duty. On 14 August 1986, the commanding officer
recommended an other than honorable discharge by reason of misconduct. On
19 August 1986, the separation authority directed discharge and on 28
August 1986, you were discharged under other than honorable conditions.
In its review of your case, the Board carefully weighed all potentially
mitigating factors such as your youth and immaturity, the length of time
that has passed since you were discharged from the Navy, and your
contention that you did not use drugs. The Board also noted that the record
indicated that you were treated fairly and you presented no evidence to
support the contrary, or that you did not use drugs. Accordingly, the Board
found that these factors and contention were not sufficient to warrant
recharacterization of your discharge given your misconduct and use of
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
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