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NAVY | BCNR | CY2002 | 08271-02
Original file (08271-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 FC
Docket No: 08271-02
31 March 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 26 March 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 in]ustice.
The Board found that you enlisted in the Navy on 3 August 1982 at age 18. You then served without incident until 17 October 1984, when you received nonjudicial punishment (NJP) for using marijuana and were awarded restriction, extra duty, a reduction to paygrade E-2 and forfeitures of pay. On 21 October 1984 a medical officer concluded that you were not drug dependent. On 3 April 1985, you received a second NJP for two instances of assault, one of which caused grievous bodily harm, and a brief period of unauthorized absence. You were awarded restriction, extra duty, and a forfeiture of pay.
On 5 April 1985, administrative separation action was initiated by reason of misconduct due to commission of a serious offense and drug abuse. On 10 May 1985, an administrative discharge board (ADB) recommended an other than honorable discharge. On 17 May 1985, you received a third NJP for two instances of disobedience and were awarded confinement on bread and water for three days.
On 14 June 1985, the commanding officer recommended an other than honorable discharge by reason of misconduct. On 28 June 1985 the discharge authority directed discharge and, on 27 July 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. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your frequent misconduct that resulted in three NJPs and included two instances of assault and the 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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