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NAVY | BCNR | CY2006 | 01610-06
Original file (01610-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO

 TJR
Docket No: 1610-06
16 March 2007




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 13 March 2007. 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 Marine Corps on 20 March 1984 at age 19. You served for three years and three months without disciplinary incident, but during the period from 25 June to 22 October 1987 you received nonjudicial punishment (NJP) on three occasions for a two day period of unauthorized absence (UA), wrongful use of cocaine, and absence from your appointed place of duty.
On 26 October 1987 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct, minor disciplinary infractions, and frequent involvement of a discreditable nature with military authorities. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 28 October 1987 your commanding officer recommended an other than honorable discharge by reason of misconduct. On 1 November 1987 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 20 November 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, period of good service, post service conduct, and assertion that your discharge was the result of one incident of drug use. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct, which resulted in three NJPs and included drug abuse. 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.
Si ncerely,


W. DEAN PFEIFFER
          Executive Director





















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