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NAVY | BCNR | CY2005 | 07743-05
Original file (07743-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                      SJN
                                                                                 Docket No: 07743-05
3 March 2006



This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the 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 1 March 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 10 March 1988 after four years of prior honorable service. On 26 April and 4 October 1989 you received nonjudicial punishment (NJP) for two. periods of unauthorized absence (UA) totaling 33 days, use of a controlled substance, a brief period of UA, and use of amphetamines/methamphetamines.
On 4 October 1989 administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. You then waived your rights to consult counsel, submit a statement or have your case heard by an administrative board. On 5 October 1989 you began a period of UA that lasted about 20 days, ending when civilian authorities apprehended you on 16 November 1989.
While you were UA, the commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct due to drug abuse. The discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 16 September 1983 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your two NJP’s involving drug use. 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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