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NAVY | BCNR | CY2007 | 02384-07
Original file (02384-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
ROARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100






 SMW
 Docket No: 2384-07
1 November 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 31 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 10 April 1981, you enlisted in the Navy at age 19 and served without incident for more than 34 months. Unfortunately, on 29 February and 30 March 1984, you received nonjudic i al punishment (NJP) for use and possession of marijuana, possession of lysergic acid diethylamide (LSD), violation of a lawful written order, conspiracy, and disobedience of a lawful order. On 2 June 1984, you were arrested by civilian authorities for driving under the influence, but disposition of that arrest is not in the record. On 12 June 1984, you were counseled regarding deficiencies in your conduct and warned that further infractions could result in disciplinary action or an other than honorable (0TH) discharge. On 13 September 1985, you had NJP for use of cocaine.
On 7 October 1985, your commanding officer initiated administrative separation by reason of misconduct due to drug abuse and commission of a serious offense. In connection with this processing, you acknowledged that separation could result in an 0TH discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 21 October 1985, a medical evaluation found no evidence of drug dependency. On 13 November 1985, the separation authority approved the discharge recommendation and directed an 0TH discharge by reason of misconduct due to drug abuse. On 20 November 1985, you were so discharged .
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth, more than 34 months of good service, and post service conduct. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were counseled regarding deficiencies in your conduct and warned that further infractions could result in disciplinary action or an 0TH discharge. 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.


                                                                                 Sincerely,

                                    
                                                                                 W. DEAN PFEIFFER
                   Executive Director

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