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NAVY | BCNR | CY2005 | 07389-05
Original file (07389-05.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTiON OF NAVAL RECORDS
NAVY ANNEX
 WASHINGTON DC 2O37O~51OO

                                                      TJR
                                                                                  Docket No: 7389-05
                                                                       9 May 2006






 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 2 May 2006. 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 Marine Corps on 19 November 1985 at age 20. You served for nearly two years without disciplinary incident, but on 7 October 1987, you received nonjudicial punishment (NJP) for wrongful use of marijuana. The punishment imposed was reduction to paygrade E-2, restriction and extra duty for 45 days, and a $600 forfeiture of pay.

Subsequently, you were processed for an administrative separation by reason of misconduct due to minor disciplinary infractions as evidenced by drug abuse, and on 10 June 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 youth, post service conduct, and the passage of time. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related 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 PFIEFFER
Executive Director




































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