DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 08307-02
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 4 June 1979 at age 18.
On 2 July 1979 you received nonjudicial punishment (NJP) for allowing
others to consume medication belonging to you and using provoking
language. You were awarded a forfeiture of pay. On 30 October 1979 you
received a second NJP for wrongful appropriation, and were awarded
forfeitures of pay and 30 days of restriction. On 9 February 1981 you
received a third NJP for theft, and were awarded forfeitures of pay,
restriction, and extra duty. On 10 March 1982 you received a fourth NJP
for absence from your appointed place of duty, and were awarded
confinement on bread and water for 3 days. On 26 March 1982 you
received a fifth NJP for disrespect, and were awarded a forfeiture of
pay and correctional custody for 30 days. On 21 April 1982 you received
a sixth NJP for disrespect, and were awarded reduction in rate and
correctional custody for 14 days.
On 23 April 1982, you received a seventh NJP for use of marijuana and were
awarded correctional custody for 30 days.
On 18 May 1982, administrative separation action was initiated by reason of
misconduct due to frequent involvement of a discreditable nature with
military authorities. You then requested that your case be considered by an
administrative discharge board (ADB). Accordingly, an ADB met on 2 June
1982 and found that you had committed misconduct due to frequent
involvement and recommended discharge under other than honorable
conditions. In undated letter of June 1982, the commanding officer also
recommended an other than honorable discharge by reason of misconduct. On
30 June 1982, the separation authority directed discharge and on 8 July
1982 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
contentions of racial discrimination and retaliation. However, the Board
noted that the record indicated that you were treated fairly and you
presented no evidence to the contrary. Accordingly, the Board found that
these factors and contention were not sufficient to warrant
recharacterizatjon of your discharge given your frequent misconduct and
especially 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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