DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORED
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 02130-05
6 October 2005
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 5
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 17 February 1983 at age 19. On 30 August
1983 and 18 January 1984 you received nonjudicial punishment (NJP)
for wrongful use of marijuana and amphetamine /methamphetamine.
Based on these incidents, administrative discharge action was
initiated to separate you by reason of misconduct due to drug abuse.
You then waived your rights to consult counsel, submit a statement or
have your case heard by an administrative board.
On 24 January 1984, the commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On 28 January
1984 the discharge authority directed an other than honorable
discharge by reason of misconduct due to drug abuse. On 3 February
1984 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 your
belief that the discharge would be upgraded after six months. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your two NJP’s for drug
use. Further, there is no provision in the law or regulation that allow for
recharacterization automatically after six months or due solely to the
passage of time. 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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