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NAVY | BCNR | CY2003 | 01549-03
Original file (01549-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
 Docket No: 1549-03
29 August 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 26 August 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 4 January 1990 at age 19. You served without disciplinary incident until 26 July 1991 when you received nonjudicial punishment (NJP) for a 28 day period of unauthorized absence (UA). The punishment imposed was a reduction to paygrade E-1 and a forfeiture of pay. Shortly thereafter, on 3 July 1991, you received NJP for wrongful use of cocaine. The punishment imposed was restriction for 30 days and a forfeiture of pay.

On 30 July 1991 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. Subsequently, your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 14 November 1991 the discharge authority then directed an other than honorable discharge by reason of misconduct, and on 22 November 1991 you were so discharged and were assigned an RE-4 reenlistment code.


On 26 March 2002 an enlistment waiver was granted for the RE-4 reenlistment code, and on 27 March 2002 you enlisted in the Naval Reserve for six years.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, enlistment waiver, and your contention that you made a mistake by using marijuana, but turned yourself in and were in a stressful marital situation. It also considered the letter of recommendation for your re-affiliation on active duty. Nevertheless, the Board concluded these factors and contentions were not sufficient to warrant recharacterization of your discharge or a change in the narrative reason for separation or reenlistment code because of your repetitive misconduct, which also included the wrongful use of cocaine. 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.



                                                                                 W. DEAN PFEIFFER
                                                                                 Executive Director




















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