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NAVY | BCNR | CY2005 | 07467-05
Original file (07467-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
 TJR
 Docket No: 7467-05
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 17 February 1988 at age 29. You served for a year and four months without disciplinary incident, but on 15 June 1989 you received nonjudicial punishment (NJP) for disobedience. The punishment imposed was extra duty for five days and a $50 forfeiture of pay. On 7 August 1989 you received NJP for wrongful use of cocaine and two periods of unauthorized absence (UA) totalling eight days. The punishment imposed was reduction to paygrade E-1, extra duty and restriction for 45 days, and a $698 forfeiture of pay.

On 10 August 1989 you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense and drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 15 August 1989 your commanding officer recommended separation by reason of misconduct due to commission of a serious offense and drug abuse. On 26 August 1989 the discharge authority approved this recommendation and directed an other than honorable discharge by reason of misconduct. On 5 September 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, the passage of time, and your assertion that justice was served when you were disciplined at the two NJPs. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterizatiOfl of your discharge because of your serious drug related misconduct. Further, the Board noted that you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. 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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