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NAVY | BCNR | CY2006 | 09210-06
Original file (09210-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHiNGTON DC 20370-5100




 SMW
 Docket No: 9210-06
26 February 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 23 February 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.
On 20 October 1983 you reenlisted in the Navy at age 22 after a period of prior honorable service. You then served without incident until 8 January 1987, when you received nonjudicial punishment (NJP) for use of marijuana. On 5 October 1987 you were apparently counseled regarding a subsequent urinalysis that tested positive for marijuana, and warned that further infractions would result in disciplinary action or an other than honorable discharge.
You then served without incident until 16 February 1989, when you received NJP for use of cocaine. On 17 February 1989 your commanding officer (CO) initiated administrative separation by reason of misconduct due to drug abuse. 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 6 March 1989 a drug abuse report stated that you were not dependent on drugs. On 15 March 1989 the separation authority approved the discharge recommendation and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 17 March 1989 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, prior period of honorable service, and post service conduct. The Board also considered your contention that you had problems with the English language. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your repetitive drug-related misconduct that continued even after you were warned that further infractions could result in an other than honorable discharge. Regarding your contention, the Board noted that you certified by your own handwriting upon enlistment in the Navy that you could read, write, and speak English. Additionally, you were able to advance to pay-grade E-5 and attain a designation as a Surface Warfare Specialist. Finally, the Board 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.
The Board noted that as a result of your prior period of honorable service, you may be eligible for veteran’s benefits. You should contact the nearest office of the Department of Veterans Affairs if you desire clarification about your eligibility for those benefits.
Sincerely,

                  W. DEAN PFEIFFER
Executive Director







2

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