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NAVY | BCNR | CY2002 | 05421-02
Original file (05421-02.doc) Auto-classification: Denied

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100




                                                   TJR
                                                   Docket No: 5421-02
                                                   26 February 2003








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 25 February 2003. 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 29 May 1985 at the age of 18. On 11 October
1985 you received nonjudicial punishment (NJP) for underage drinking,
making a false official statement, and drunk and disorderly conduct. The
punishment imposed was a $310 forfeiture of pay and correctional custody
for 30 days.

On 26 February 1986 you received NJP for wrongful possession of marijuana
and were awarded restriction and extra duty for 45 days, a $630 forfeiture
of pay, and reduction to paygrade E-1. On 3 March 1986 you were notified of
pending administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with legal
counsel and to present your case to an administrative discharge board. On
14 March 1986, after undergoing a medical examination, you reported that
you did not have any problems with drugs. The medical officer then
determined that you were a recreational substance abuse user and since you
were not drug or alcohol dependent, rehabilitation was not required.

On 27 March 1986 your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse and
commission of a serious offense. On 6 April 1986 the discharge authority
then directed an other than honorable discharge by reason of misconduct due
to drug abuse/use, and on 25 April 1986 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
immaturity and your contentions that your urine samples were clean, and
that you were not afforded drug or alcohol counselling or rehabilitation.
Nevertheless, the Board concluded these factors and contentions were not
sufficient to warrant recharacterization of your discharge because of your
drug related misconduct. Further, the Board noted that since you were found
not to be drug or alcohol dependent, you did not require rehabilitation
treatment. Further, given your record of prior misconduct, it appears that
rehabilitation for the purpose of retention would have been inappropriate.
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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