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NAVY | BCNR | CY2006 | 04375-06
Original file (04375-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
         2NAVYANNEEX     
         WASHINGTON DC 20370-5100        
                           SJN
                           Docket No. 04375-06
                           2 November 2006


 This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the 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 31 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 enlisted in the Navy on 16 January 1984 at age 18. You then served without incident for over two years until 10 February 1986, when you were convicted by special court-martial (SPCM) of
a 38-day period of unauthorized absence (UA). On 5 February and 3 April 1987 you received nonjudicial punishment (NJP) for wrongful use of marijuana.
After your second NJP, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). On 27 April 1987 an ADB unanimously found that you had committed misconduct due to drug abuse, and recommended discharge under other than honorable conditions. Your commanding officer (CO) concurred with the ADB and forwarded your case to the discharge authority for review. On 18 June 1987 the discharge authority
 directed an other than honorable discharge by reason of misconduct due to drug abuse. On 29 June 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 and time in service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your drug abuse and the lengthy period of UA. 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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