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NAVY | BCNR | CY2006 | 08452-06
Original file (08452-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHiNGTON DC 2O37O~5 1 00


CRS
                                                                                 Docket No: 8452-06
                                                                                 23 October 2007




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 11 October 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 8 October 1986. You received nonjudicial punishment on 6 February 1987 for underage drinking and being incapacitated for duty. A psychiatric evaluation conducted on 26 September 1987 diagnosed you as having a personality disorder. You received a second nonjudicial punishment on 20 October 1987 for use of marijuana.
On 2 November 1987 your commanding officer recommended that you be separated with a discharge under other than honorable conditions by reason of misconduct due to drug abuse, noting in the recommendation that you had a prior positive urinalysis for drugs while undergoing recruit training. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 10 February 1988 with a discharge under other than honorable conditions.
In its review of your application, the Board carefully considered your contentions that the personality disorder caused your misconduct and your condition. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge. Although you were diagnosed with a personality disorder, there is no indication in the available records that the disorder caused you to use illegal drugs, or that it significantly mitigated your misconduct. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request that you did not receive proper treatment for

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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