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NAVY | BCNR | CY2004 | 08456-04
Original file (08456-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
          WASHINGTON DC 20370-5100


         CRS
                                              Docket No: 0 8456-04
                                            22 August 2005


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 3 August 2005. 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 Navy on 11 March 1986. The record reflects that on 11 April 1988 you were convicted by a summary court-martial of a four day period of unauthorized absence and use of cocaine on two occasions.
On 23 April 1988 the commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to commission of a serious offense and drug abuse. When informed of this recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and on 7 September 1988 you received an other than honorable discharge by reason of misconduct due to commission of a serious offense.
On 25 October 1999 the Naval Discharge Review Board upgraded your discharge to general.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. However, the
 Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given your use of drugs. Based on the foregoing, the Board concluded that no further change to the discharge is warranted. 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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