DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03805-10
20 January 2011
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 20 January 2011.° 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.
Bfter 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 24 March 1979, at age 19. On 27
February 1980, you received nonjudicial punishment (NOP) for
failure to go to your appointed place of duty, failure to obey a
lawful order, sleeping on post, and leaving post without being
properly relieved. On 15 May 1980, you received NJP for being in
an unauthorized absence (UA) status, and failure to go to your
appointed place of duty. On 5 September 1980, you received NUP
for being UA two days, dereliction of duty, willful damage to
government property, larceny, and unlawfully striking a fellow
Sailor. On 12 February 1981, you received NUP for leaving your
appointed place of duty, willful disobedience to a superior petty
officer, contempt toward a petty officer, dereliction of duty,
and disorderly conduct. On 17 June 1981, were convicted by a
special court-martial (SPCM) of two incidents of possession and
sale of marijuana. You were sentenced to forfeitures of S975,
and confinement at hard labor for three months. On 15 July 1981,
administrative separation action was initiated by reason of
misconduct for drug abuse (use). You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct due to
drug abuse (use). However, your misconduct continued, and on
6 October 1981, you received your fifth NUP for violation of a
general regulation, failure to obey a lawful order, breaking
restriction, and two incidents of being UA during a muster. On
9 November 1981, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse
(use). On 23 October 1981, you received the (OTH) conditions
discharge due to misconduct (drug abuse). At that time you were
assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge, given
your record of five NUP’s, one conviction by SPCM of misconduct,
and drug abuse (use). The Board noted that you waived your right
to an ADB, your best opportunity for retention or a more
favorable characterization of service. 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
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