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NAVY | BCNR | CY2006 | 03122-06
Original file (03122-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-S 100



                  TJR
                                                                                 Docket No: 3122-06
18 October 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 17 October 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 11 September 1981 after two years of prior honorable service. You continued to serve without disciplinary incident until 24 May 1984, when you received nonjudicjal punishment (NJP) for wrongful use of marijuana. The punishment imposed was a $1,044 forfeiture of pay, restriction for 45 days, and a reduction in rate. On 25 October 1984 you were counselled regarding deficiencies in your performance, specifically, wrongful use of drugs. At that time you were also advised that any further drug use could result in disciplinary action and separation.
On 19 June 1986 you received NJP for dereliction of duty. Nearly a year later, on 19 May 1987, you received NJP for wrongful use of marijuana. The punishment imposed was a $500 forfeiture of pay and restriction and extra duty for 45 days.





On 10 August 1987 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. On 26 August 1987 your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. On 2 September 1987 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 30 October 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 prior honorable service and assertion that you were not afforded substance abuse rehabilitation. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive 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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