DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 08189-02
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 25 January 1983 at age
20. You then served without incident until 27 November 1984, when you
received nonjudicial punishment (NJP) for unlawful entry. You were
awarded restriction and a forfeiture pay. on 14 February 1985, you
received a second NJP for two brief periods of unauthorized absence,
disrespect, disobedience and dereliction of duties. You were awarded a
forfeiture of pay, reduction to paygrade E-2, and restriction.
on 25 February 1985, you were informed of administrative discharge
processing for misconduct, and you requested counsel and desired to make
a statement. On 26 March 1985, you received a third NJP for use of
marijuana, and were awarded forfeitures of pay, reduction to paygrade F-
i, and restriction. On 19 April 1985, you withdrew your request to make a
statement. On 4 May
1985, the commanding officer recommended an other than honorable discharge
by reason of misconduct. On 8 May 1985, the separation authority directed
discharge and on 10 May 1985 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, and the length of
time that has passed since you were discharged from the Navy. The Board
also noted your contention of health problems during the service. However,
the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your repetitive misconduct and
use of drugs. Further, the record does not indicate that you had any
medical problems that adversely affected your ability to serve, and you
submitted no evidence to support that contention. 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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