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NAVY | BCNR | CY2005 | 07456-05
Original file (07456-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370 5100
 TJR
Docket No: 7456-05
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 Navy on 12 September 1983 at age 17. You served without disciplinary incident until 24 June 1984, when you received nonjudicial punishment (NJP) for wrongful possession and use of marijuana. The punishment imposed was a $668 forfeiture of pay, restriction and extra duty for 45 days, and a suspended reduction to paygrade E-l. About four months later, on 30 October 1984, you were convicted by civil authorities of reckless driving and sentenced to a $380 fine. On 30 November 1984 you received NJP for absence from your appointed place of duty and were awarded a $125 forfeiture of pay, restriction and extra duty for 15 days, and a reduction to paygrade E-4, which was suspended for four months.

On 17 September 1985 you received your third NJP for wrongful use of cocaine. The punishment imposed was a $125 forfeiture of pay, restriction and extra duty for 45 days, and reduction to paygrade
E-2.


Subsequently, on 14 January 1986, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel you waived your right to present your case to an administrative discharge board and to submit a statement in rebuttal to the separation. On 5 April 1986 your commanding officer recommended separation by reason of misconduct due to drug abuse. This recommendation stated, in part, as follows:

(Member’s) appeared at NJP on three occasions (two for drug use) .... has shown a propensity for continued drug usage.... shows an unwillingness to adhere to policy of “zero Tolerance”..., recommend separation with other than honorable conditions.
On 15 April 1986 the discharge authority approved this recommendation and directed an other than honorable discharge by reason of misconduct. On 23 April 1986 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 desire for veterans’ benefits. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct in both the military and civilian communities, which also included wrongful use of drugs. 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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