DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 663-05
24 October 2005
This is in reference to your application for correction of your naval
record pursuant to the provisions of Title 10, 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
October 2005. 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 the evidence submitted was insufficient to establish
the existence of probable material error or injustice.
You enlisted in the Navy on 25 September 1980 at age 24 and served
without disciplinary incident for about a year and six months.
However, during the period from 24 March to 8 September 1982 you
received nonjudicial punishment (NJP) on three occasions for three
specifications of disobedience and wrongful possession and use of
marijuana. On 7 December 1982 you were convicted by special court-
martial (SPCM) of a 13 day period of unauthorized absence (UA) and
disrespect. You were sentenced to confinement at hard labor for four
months and a $1,200 forfeiture of pay.
Subsequently, you were processed for an administrative separation by
reason of misconduct due to drug abuse, and on 7 June 1983 you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as your
youth and post service conduct. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization of
your discharge because of the seriousness
of your repetitive misconduct which included drug related offenses and
resulted in three NJPs and a court-martial conviction. 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
Executive Director
2
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