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NAVY | BCNR | CY2005 | 07545-05
Original file (07545-05.rtf) Auto-classification: Denied

                                             DEPARTMENT OF THE NAVY
                            BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                  WASHINGTON DC 20370-51 00




                                                                       TJR
                                                                                                    Docket No: 7545-05
                                                                                                   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 23 April 1986 at age 19 and served without disciplinary incident until 23 October 1986, when you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty and three period of absence from your appointed place of duty. The punishment imposed was extra duty and restriction for 14 days and a $159 forfeiture of pay.

On 31 December 1987 you received counselling regarding your use of controlled substances. At that time you were found physically dependent on cocaine, lysergic acid diethylamide (LSD), and mescaline, and required detoxification. During this session, you admitted using drugs since the age of 15. You further stated your drug use, in part, as follows:

•        ... drug use since age 15 to March 1986.... begin using (drugs) again in August 1987.... used amphetamine (4-5 pills a week), cocaine (2-3 grams a day), LSD (1 gram a day), marijuana (15 cigarettes), codeine, mescaline (1-2 a day), crack (2 trials), alcohol (1 quart a week and 16 beers a week) .... (used drugs by) nasal, smoking, free-base



On 11 February 1988 you received NJP for absence from your appointed place of duty and wrongful use of controlled substances. The punishment imposed was extra duty and restriction for 45 days, reduction to paygrade E-2, and a $738 forfeiture of pay.

Subsequently, you were notified of pending administrative separation action by reason of misconduct 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 16 February 1988 your commanding officer recommended separation by reason of misconduct due to drug abuse. On 21 February 1988 the discharge authority approved this recommendation and directed an other than honorable discharge by reason of misconduct. On 26 February 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, the passage of time, and your assertion that you believe your discharge is an error because of your self-admission to drug abuse. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization 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












2

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