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NAVY | BCNR | CY2003 | 01809-03
Original file (01809-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 FC
Docket No: 01809-03
21 August 2003







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 13 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Marine Corps on 26 September 1994 at age 18. On 9 June 1995, you were counseled about losing your identification card. On 18 April 1996, you were counseled concerning your medical diagnosis of knee pain.

On 10 March 1998, a Navy drug laboratory advised the command that your urinalysis sample had tested positive for ecstasy. On 23 April 1998 you were awarded nonjudicial punishment (NJP) for use of an illegal drug and were awarded a forfeiture of pay, restriction, and extra duty. On 28 April 1998 you were evaluated by a medical officer and found not to be drug dependent. On 30 April 1998, you were counseled about your drug use and unauthorized absence.









On 20 May 1998, you were notified of administrative separation processing. Although not in the record, it appears that you waived all of your procedural rights. On 28 May 1998 the commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 2 June 1998, the staff judge advocate concurred with the recommendation of the commanding officer. On 4 June 1998, the separation authority directed that you be separated with an other than honorable discharge by reason of misconduct. On 16 June 1998, you were discharged under other than honorable conditions by reason of misconduct due to drug use and assigned a reenlistment code of RE-4.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and immaturity and total period of service. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your use of drugs. 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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