DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8072-10
13 April 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 12 April 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.
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.
You reenlisted in the Navy on 14 November 1981 after more than
three years of honorable service. You received nonjudicial
punishment on four occasions for absence from your appointed
place of duty (four specifications), and wrongful use of
marijuana. You were notified that your commanding officer was
recommending you for administrative separation with a
conditions other than honorable (OTH) discharge due to
misconduct (drug abuse - use). You waived your procedural
right to have your case heard by an administrative discharge
board (ADB). On 14 July 1983, you were received the OTH
discharge due to misconduct (drug abuse - use), and were
assigned an RE-4 (not recommended for retention) reenlistment
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and allegation that you no longer use
marijuana. However, the Board concluded that your discharge
should not be changed due to your acts of misconduct and drug
abuse. The Board noted that you waived your right to an ADB,
your best opportunity for retention or a better
characterization of service. You are advised that no discharge
is upgraded due merely to the passage of time or post service
“good conduct. In view of the above, 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,
Load
W. DEAN PFEIF
Executive ¢
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