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NAVY | BCNR | CY2004 | 09438-04
Original file (09438-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                           TJR
         Docket No: 9438-04
         31 August 2005


Th 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 23 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You reenlisted in the Navy on 3 March 1987 after four years of prior honorable service. About nine months later, on 16 December 1987, you received nonjudicial punishment (NJP) for wrongful use of marijuana and cocaine. The punishment imposed was restriction and extra duty for 45 days, reduction to paygrade E-4, and a $980 forfeiture of pay.
It appears that you were processed for an administrative separation by reason of misconduct due to drug abuse. On 28 January 1988 the discharge authority directed discharge under other than honorable conditions, and on 2 February 1988 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service, post service conduct, and assertion that you were not afforded rehabilitation. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the serious nature of your drug related misconduct. Further, the Board noted
that you used cocaine while serving as a petty officer. It appears that your commanding officer decided to discharge you rather than offer you rehabilitation and retention. Further, there is no evidence in the record to show that you admitted your drug use and requested rehabilitation, and you submitted no such evidence. 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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