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NAVY | BCNR | CY2005 | 07771-05
Original file (07771-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51Oo
 TJR
Docket No: 7771-05
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 reenlisted in the Navy on 4 March 1985 after six years of prior honorable service. You continued to serve for two more years without disciplinary incident, but on 24 April and again on 8 May 1987 you received nonjudicial punishment (NJP) for wrongful use of marijuana and absence from your appointed place of duty.

Subsequently, you were notified of pending administrative separation action by reason of misconduct due to 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 14 May 1987 your commanding officer recommended separation by reason of misconduct due to drug abuse. This recommendation stated, in part, as follows:

(Member’s) wrongful use of marijuana is intolerable and does not comply with the Navy’s stance on “zero tolerance”.... such action undermine good order, discipline, and morale within this command.... not suitable for further Naval Service..., for good of the service, recommend separation with other than honorable conditions.
On 22 May 1987 the discharge authority approved this recommendation and directed an other than honorable discharge by reason of misconduct. On 29 May 1987 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, prior honorable service, post service conduct, and the character reference letter provided in support of your case. It also considered your assertion that although you made a mistake, it did not warrant an other than honorable discharge. 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









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