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NAVY | BCNR | CY2005 | 07441-05
Original file (07441-05.rtf) Auto-classification: Denied
DEPARTMENT
OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2037C>5100
TJR
Docket No: 7441-05
11 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 9 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 Navy on 6 August 1985 at age 19. You served for two years and four months without disciplinary incident, but on 11 December 1987 you received nonjudicial punishment (NJP) for wrongful use of marijuana. The punishment imposed was reduction to paygrade E-3 and a $200 forfeiture of pay.

On 16 December 1987 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel you elected to present your case to an administrative discharge board (ADB). On 24 February 1988 an ADB recommended separation under other than honorable conditions by reason of misconduct due to drug abuse. On 1 April 1988 your commanding officer also recommended separation by reason of misconduct due to drug abuse. This recommendation stated, in part, that you had not adhered to the Navy’s zero tolerance program on drug abuse and had no potential for future service. On 19 April 1988 the discharge authority approved these recommendations and directed an other than honorable discharge by reason of misconduct. On 4 May 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 and assertion that you were told that your discharge would be upgraded six months after your separation from the Navy. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your serious drug related misconduct. Finally, no discharge is automatically upgraded due solely to the passage of time. 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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