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NAVY | BCNR | CY2006 | 01677-07
Original file (01677-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100

                                                               TJR
                                                                                          Docket No: 1677-07
                                                                                          5 December 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 4 December 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 1985 at age 24 and served without disciplinary incident until 24 January 1986, when you received nonjudicial punishment (NJP) for an eight day period of unauthorized absence (UA), wrongful use of methamphetamine, and marijuana. The punishment imposed was extra duty and restriction for 45 days, a $700 forfeiture of pay, and reduction to paygrade E-2. The paygrade reduction and restriction were suspended for six months.
On 12 March 1986 you were convicted by special court-martial (SPCM) of wrongful distribution of methamphetamine. You were sentenced to confinement at hard labor for 60 days, reduction to paygrade B-i, a $400 forfeiture of pay, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 3 November 1986 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your post service conduct and desire to upgrade your discharge. It also considered the character reference letters and achievement certificates provided in support of your case. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct. 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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