DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 592-05
20 October 2005
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 12 October
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 1 November 1985 after four years of prior
honorable service. About six months later, on 14 May 1986, you received
nonjudicial punishment (NJP) for absence from your appointed place of
duty and were awarded a $100 forfeiture of pay and a suspended reduction
to paygrade E-3.
Your record contains an administrative remarks entry dated 19 January
1988 which states that your urine sample tested positive during an
urinalysis conducted on 7 December 1987, and that your access at a
training center had been suspended. Shortly thereafter, on 29 January
1988, you received NJP for a nine day period of unauthorized absence (UA)
and were awarded extra duty for 30 days and a reduction to paygrade E-3.
On 12 February 1988 you received your third NJP for a two day period of
UA, failure to obey a lawful order, and wrongful use of cocaine. The
punishment imposed was restriction for 45 days, reduction to paygrade E-
2, and a $752 forfeiture of pay.
Your record contains a drug and alcohol report dated 19 February 1988 which
states that your urine sample tested positive for cocaine during an
urinalysis conducted on 19 January 1988. At that time you were recommended
for an administrative separation by reason of misconduct. Subsequently, you
were processed for an administrative separation by reason of misconduct due
to a pattern of misconduct. On 4 March 1988 the discharge authority
directed discharge under other than honorable conditions, and on 28 March
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, character reference letters, and
certificates submitted with your application. Nevertheless, the Board
concluded these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your drug related
misconduct and repetitive periods of UA. 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 PFIEFFER
Executive Director
2
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