DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8619-06
17 July 2007
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 17 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 26 October 1984 at age 17 and
served without disciplinary incident until 1 July 1985, when you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty, three specifications of failure to obey
a lawful order, making a false official statement, and false
and/or unauthorized pass offenses. About a month later, on 28
August 1985, you received NUP for a three day period of
unauthorized absence (UA), two periods of absence from your
appointed place of duty, failure to obey a lawful order, wrongful
possession of drug paraphernalia, destruction of government
property valued at $100, two specifications of wrongful
possession of marijuana, and drunk and disorderly conduct.
Shortly thereafter, on 2 October 1985, you received your third
NJP for wrongful possession of marijuana and were awarded extra
duty and restriction for 45 days and a $620 forfeiture of pay.
On 10 October 1985 you were notified of pending administrative
separation by reason of misconduct due to a pattern of misconduct
and 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 22 October 1985, your commanding
officer recommended an other than honorable discharge by reason
of misconduct due to a pattern of misconduct and drug abuse. On
2 November 1985 the discharge authority approved this
recommendation and directed a other than honorable discharge by
reason of misconduct, and on 12 November 1985 you were so
discharged.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and post service conduct. It also considered your
desire to obtain veteran’s benefits. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct, which resulted in three NUPs.
Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
Tt 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 PFEIF
Executive Di Lr
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