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NAVY | BCNR | CY2005 | 02580-05
Original file (02580-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


SMW
                                                                                          Docket No: 2580-05
                                                                                          28 September 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 27 September 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 enlisted in the Naval Reserve on 21 June 1984 at the age of
19 after pre-service drug abuse was waived to permit enlistment.
You then began a period of active duty on 11 October 1984 and
served without incident for four years.
On 20 October 1988 a special court-martial (SPCM) convicted you of use of cocaine. The court sentenced you to thirty days of confinement, reduction to pay grade E-3, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 9 August 1989 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors such as your youth, and period of good service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterizatjori of your discharge because of the seriousness of your drug-related misconduct. Although you only had one court-martial conviction, your offense was very serious.
 Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.
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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