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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 10192-02
28 April 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 23 April
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 1983 at age
18. You then served without incident until 12 March 1985, when your
commanding officer was advised by a Navy drug laboratory that your urine
sample had tested positive for marijuana. On 8 April 1985, you were
counseled concerning this infraction and conduct and warned of the
consequences of future misconduct. On that same day, you received
nonjudicial punishment (NJP) for use of marijuana and were awarded a
suspended reduction to paygrade E-2 and suspended forfeitures of pay. On
28 August 1985, the suspensions were vacated. On that same day, you
received a second NJP for use of marijuana, and were awarded forfeitures
of pay and a reduction to paygrade E-1.
On 18 September 1985, the commanding officer notified you of pending
administrative separation action by reason of misconduct due to drug abuse.
You then waived all of your procedural rights, except the right to obtain
copies of documents forwarded to the separation authority supporting the
basis for the proposed separation. On 20 September 1985, your commanding
officer was advised by a civilian drug-testing laboratory that you had
tested positive for marijuana. On 27 September 1985, you were determined
not to be drug dependent. At that time, the evaluation noted that you had
used marijuana since 1981, and that you were not amenable to counseling. On
28 September 1985, the commanding officer recommended that you be separated
with an administrative separation by reason of misconduct due to drug
abuse. On 4 October 1985, the separation authority directed discharge under
other than honorable conditions discharge. On 25 October 1985, you were so
discharged.
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 repeated use of drugs that
resulted in two NJPs. 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,
VI. DEAN PFEIFFER
Executive Director
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