DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
10 June
2003,
ci29-02
the United
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 May 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 22 March 1983.
The record reflects that on 6 October 1984 you received
nonjudicial punishment for use and possession of marijuana and
disrespect.
On 7 November 1984 the commanding officer recommended tha
separated with an other than honorable discharge by reaso of
misconduct due to drug abuse.
recommendation, you elected to waive the right to present
case to an administrative discharge board.
After review
discharge authority,
the recommendation for separation wa
approved and you were discharged on 26 November 1984 with an
other than honorable discharge.
In its review of your application the Board carefully
potentially mitigating factors,
such as your youth and i
and the contention that you were told that the
discharge
upgraded after six months.
However, the Board concluded
these factors were not sufficient to warrant recharacteri
wei hed all
aturity
ould be
hat
ation
When informed of the
you be
your
y the
/
given your use of drugs.
provides for upgrading a discharge based solely
time.
Accordingly, your
In this regard, no
Therefore, the Board concluded that no
The names and votes of the members
of your discharge,
law or regulation
on the passage of
change to the discharge is warranted.
application has been denied.
of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
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