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NAVY | BCNR | CY2006 | 09560-06
Original file (09560-06.rtf) Auto-classification: Denied
                                  DEPARTMENT OE THE NAVY
                   BOARD FOR CORRECT I ON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00






 SMW
 Docket No: 9560-06
1 March 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 28 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 2 October 1984 you enlisted in the Navy at age 20. At that time you disclosed pre-service use of marijuana and acknowledged the Navy’s drug abuse policy. On 30 November 1984 you were granted a pre-service drug abuse waiver after you apparently disclosed additional pre-service drug use. On that same date you were advised that drug abuse would not be tolerated, and were warned that further infractions would result in an administrative separation.
On 24 April 1985 you received nonjudicial punishment (NJP) for use of marijuana, and were warned that further infractions would result in disciplinary action or an other than honorable discharge. You subsequently attended a substance abuse program, but on 30 October 1985 a urinalysis tested positive for use of marijuana.
On 15 November 1985 your commanding officer (CO) initiated administrative separation by reason of misconduct due to drug abuse or commission of a serious offense, and recommended discharge under other than honorable conditions. In connection with this processing, you acknowledged that the separation could result in an other than honorable discharge and elected the right to have your case heard by an administrative discharge board (ADB). On 3 January 1986 another urinalysis tested positive for use of marijuana. On 25 January 1986 an ADB found that you had committed misconduct due to drug abuse and commission of a serious offense. In his endorsement of 26 March 1986, your CO stated that your urinalyses tested positive for marijuana on four occasions while assigned to a urinalysis surveillance program. On 23 April 1986 the separation authority approved the recommendation for separation and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 6 May 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, post-service conduct, and desire for a better discharge. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your drug-related misconduct that continued even after you were warned that further infractions could result in administrative separation. 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.
Sincerely,


W.       DEAN PFEIFFER
 Executive Di r ector










2

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