DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 00717-03
23 June 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 18 June 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
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 consisted
Your allegations of error and
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.
On 11 April 1997 you were convicted by general court
(GCM) of four instances of drug abuse, apparently using
The Board found that you enlisted in the Navy on 24 August 1995
at age 21.
martial
LSD; and a violation of Article 134 of the Uniform Code of
Military Justice, apparently false swearing.
to nine months of confinement,
reduction to
bad conduct discharge
On 22 September 1997 you were
placed on mandatory leave pending appellate review of your case.
On 11 May 1998, upon completion of appellate review, you were
separated with a BCD.
paygrade E-l and a
You were sentenced
(BCD).
In its review of your case,
potentially mitigating factors such as your youth and
immaturity.
However, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your drug abuse and of the misconduct that resulted in a
the Board carefully weighed all
conviction by GCM.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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