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NAVY | BCNR | CY2006 | 03619-06
Original file (03619-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TJR
 Docket No: 3619-06
7 November 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 7 November 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 Marine Corps on 12 August 1986 at age 18 and served without disciplinary incident until 25 February 1988, when you received nonjudicial punishment (NJP) for wrongful use of amphetamines and/or methamphetamines. The punishment imposed was reduction to paygrade E-2, a $752 forfeiture of pay, and extra duty and restriction for 45 days.
On 29 March and again on 19 July 1989 you received NJP for failure to obey a lawful order and wrongful use of cocaine.
Subsequently, on 5 August 1989, 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 11 August 1989 your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. On 20 September 1989 the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 22 December 1989 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 and post service conduct. It also considered your assertion that your lack of sound judgment and youthful indiscretion were the reasons for your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive drug related misconduct which resulted in three NJPs. Finally, 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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