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NAVY | BCNR | CY2006 | 04802-06
Original file (04802-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SMW
 Docket No: 4802-06
 13 September 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 12 September 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 31 October 1980 at age 21 after a prior period of honorable service. You then served without incident until 23 May 1983, when a urinalysis tested positive for use of marijuana. You were subsequently counseled regarding drug abuse and warned that further infractions could result in disciplinary action or administrative separation. On 8 June 1983 you received nonjudicial punishment (NJP) for use of marijuana as a result of the urinalysis. On 28 February 1984 you were convicted by civil authorities of speeding.
During July 1984 you referred yourself for treatment due to alcohol abuse, and on 28 November 1984 you completed substance abuse rehabilitation. On 8 February 1985 you were counseled regarding financial irresponsibility, and on 23 May 1985 you were counseled again regarding financial irresponsibility and a second positive urinalysis for marijuana. On 10 December 1985 another urinalysis tested positive for use of marijuana. You
                   subsequently refused treatment for drug abuse and received a letter of substandard service. On 9 July 1986 you were convicted by special court-martial (SPCM) of two instances of use of marijuana. On 6 August 1986 a medical evaluation stated that you had failed rehabilitation and recommended separation.
On 6 August 1986 your commanding officer initiated separation action by reason of misconduct due to drug abuse and commission of a serious offense. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 8 August 1986 another medical evaluation recommended separation. On 8 August 1986 your commanding officer recommended an other than honorable discharge. On 23 August 1986 the separation authority approved the recommendation and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 27 August 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 youth, the period of good service and your desire to qualify for veteran’s benefits. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct, some of which was drug-related, and continued even after you were counseled and provided rehabilitation. The Board also noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.
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.








2
The Board noted that as a result of your prior honorable service, you may be eligible for veteran’s benefits. You should contact the nearest office of the Department of Veteran’s Affairs if you desire clarification about your eligibility for those benefits.
Sincerely,


         W. DEAN PFEIFFER
 Executive Director
         

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