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NAVY | BCNR | CY2003 | 00265-03
Original file (00265-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 FC
Docket No: 0265-03
29 August 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 27 August 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 Naval Reserve on 15 December 1981, and commenced 36 months of active duty on 22 February 1982. You served without incident until 1 November 1983, when you received nonjudicial punishment (NJP) for use of marijuana. You were awarded a reduction to paygrade E-2, restriction, and extra duty, and a forfeiture of pay.

In December 1983, you tested positive for drugs during a urinalysis test. Subsequently, you were notified of administrative separation processing. On 28 February 1984, the commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse On 8 March 1984, the separation authority directed that discharge processing be held in abeyance because of a procedural deficiency.

On 23 March 1984, you received a second NJP for conspiracy to possess marijuana and introduction of marijuana onboard a ship. on 9 April 1984, you were again notified of administrative separation processing and you waived all of your procedural rights. On 10 September 1984, the commanding officer recommended an other than honorable discharge by reason of misconduct due to a continuing pattern of drug abuse, and drug abuse rehabilitation failure. In the message to the separation authority requesting discharge, the commanding officer noted that you had been evaluated by a medical officer and found not to be drug dependent. On 13 April 1984, the separation authority directed that you be separated with an other than honorable discharge by reason of misconduct. On 25 April 1984, you were separated with an other than honorable and assigned a reenlistment code of RE-4.

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 considered the contentions you made in an attachment to your application. However, the Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your repeated drug related misconduct. 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


                 



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