DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
BJG
Docket No: 8713-01
22 February 2002
This is in reference to your
provisions of title 10 of the United States Code, section 1552.
application for correction of your naval record pursuant to the
You requested correction of block 28 ( “Narrative Reason for Separation ”) of your
Department of Defense (DD) Form 214 ( “Certificate of Release or Discharge from Active
Duty”). You assert the entry shown,
allege that you were held at captain ’s mast (nonjudicial punishment (NJP)) because of a
verbal charge by a seaman recruit (SR) in an attempt to plea bargain; that the SR was later
acquitted; that you were screened for drugs with negative results; and that no drugs were
ever found in your possession.
- Drug Abuse (Use) ” is erroneous. You
“Misconduct
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 21 February 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
,
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. In this connection, the Board found that your naval record shows you received
NJP on 29 November 1989 for possession of lysergic acid diethylamide (LSD); that you did
not appeal; that you disclosed your use and possession of LSD to a Naval Investigative
Service agent; and that you were consequently separated on 14 February 1990 by reason of
misconduct due to drug abuse, after having waived your right to an administrative discharge
board. They were unable to find any basis to change the reason for separation shown on
your DD Form 214. In view of the above, 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
In this
and material evidence or other matter not previously considered by the Board.
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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