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NAVY | BCNR | CY2004 | 01301-04
Original file (01301-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 FC
Docket No: 1301-04
2 August 2004


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 28 July 2004. 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 Bo a rd found that the evidence submitted or injustice .
The Board found that you enlisted in the Navy on 18 May 2001 at age 18. On 15 January 2001 a Navy drug laboratory informed the commanding officer that your urine sample had tested positive for marijuana.
On 20 November 2001 you received nonjudicial punishment f or two unspecified periods of unauthorized absence (UA), underage drinking and using marijuana. You were awarded a forfeiture of pay, restriction, and extra duty.
On 10 December 2001 administrative separation action was initiated by reason of misconduct due to drug abuse and commission of a serious offense. You then elected to waive all of your procedural rights except the right to obtain copies of documents supporting the basis for the proposed separation. On 12 December 2001 the commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and commission of a serious offense. On 18 December 2001 the separation authority directed discharge under other than honorable conditions by reason of misconduct due to drug abuse. You were so discharged on 19 December 2001.







In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and good post service adjustment as evidenced by a letter that you submitted from a chemical dependency unit stating that you had exceeded all treatment goals and expectations. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge because of the serious nature of your use of drugs, and your other misconduct. 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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