DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 00059-11
29 Apradl 2012.
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 26 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 enlisted in the Navy on the Navy on 25 January 1994. Your record
shows that during your initial military training you were fully
briefed on the Navy's zero tolerance drug policy the violation of
which could subject you to court-martial proceedings and/or
administrative separation with an other than honorable discharge
(OTH). Unfortunately on 14 January 1997 you received nonjudicial
punishment (NUP) for wrongful use of marijuana. When you were
informed that you were being recommended for an OTH you waived your
right to appear before an administrative discharge board where with
the assistance of a military you could have requested retention or
a better discharge. You also chose to waive your entitlement to a
surgical procedure to repair a torn meniscus. Consequently you
received an OTH on 18 February 1997. Your record also reveals that
between January and December of 1996 you received three NJP’s for
unauthorized absences of 30 days, 45 minutes, less than one day and
missing ships movement.
In its review of your application the Board concluded that due to
the seriousness of the offense for which you were separated (drug
usage) as well as your prior acts of conduct and your willingness
to accept an OTH your discharge was proper as issued and should be
changed now as a matter of clemency.
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,
Ld Baan’
W. DEAN PFEIFFER
Executive Direct
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