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NAVY | BCNR | CY2007 | 02154-07
Original file (02154-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-5100




                                    TRG
                                    Docket No: 2154-07
                                                                         1 November 2007


Dear
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 30 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.
You enlisted in the Navy on 11 February 1987 at age 19. In connection with the enlistment, you signed a drug and alcohol abuse statement of understanding and acknowledged that you understood the Navy’s policy concerning drug abuse. On 2 July 1987, you received nonjudicial punishment for use of cocaine.
Subsequently, you were processed for an administrative discharge by reason of misconduct. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 25 August 1987.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and desire for veterans’ benefits because you had been exposed to asbestos. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your use of drugs. As indicated, you clearly understood the Navy policy concerning your use of drugs. There is no evidence in the record and you have submitted none to support your contention that you were exposed to asbestos while in the Navy, or if you were, that it caused
 some kind of health problem. 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 Director

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