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NAVY | BCNR | CY2006 | 06997-06
Original file (06997-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37Q~iQQ
CRS
                                                                                 Docket No: 6997-06
7 January 2008




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 f or Correction at Naval Records, sitting in executive session , considered your application on 12 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 26 October 1983. You received two nonjudicial punishments for offenses that included use of marijuana, failure to go to your appointed place of duty on three occasions, and sleeping on a rack with your dungarees on.
On 14 January 1985 your commanding officer recommended that you be separated with a discharge under other than honorable conditions by reason of misconduct due to drug abuse and minor disciplinary infractions. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board (ADB). On 11 February 1985 you were convicted by a summary court-martial of unauthorized absence from 18 January to 9 February 1985. The court sentenced you to confinement for 25 days. You were released from confinement and returned to duty on 2 March 1985. You were discharged by reason of misconduct/drug abuse on 7 March 1985, with a discharge under other than honorable conditions.






The Board considered your contention that you served admirably
while deployed on the t his John F. Kennedy insufficient to warrant upgrading your discharge. The Board noted that you waived your right to an ADB, and concluded that a discharge under other than honorable conditions was proper and warranted given your drug abuse and the other acts of misconduct you committed during your enlistment.
Your DD Form 214 shows two periods of time lost, 18 January-8 February 1985, and 11 February-2 March 1985. As you were absent without authority during the first period, and confined pursuant to the sentence of a court-martial during the second, those entries are correct.
In view of the foregoing, 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 PFIEFFER
                                                                Executive Director


















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