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NAVY | BCNR | CY2007 | 02770-07
Original file (02770-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100
                  TJR
                                                                                 Docket No: 2770—07
18 January 2008









This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United
A three-member panel of s ection of Nava l Records, sitting in executive session, considered your application on 16 January 2008. 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 Marine Corps on 21 November 1980 after seven years of prior honorable service, and continued to serve for nearly five years without disciplinary incident.
On 26 February 1985 you were referred for a psychiatric evaluation because of your repeated periods of unauthorized absence (UA) and drug addiction. At that time you admitted having a $100 to $150 a day cocaine habit. You were subsequently diagnosed with cocaine and marijuana abuse.
On 11 June 1985 you were convicted by special court-martial (SPCM) of three periods of UA totalling 27 days, wrongful use of marijuana and cocaine, and failure to pay just debts in the amount of $1,100. You were sentenced to confinement for six months and reduction to paygrade E-l.



Subsequently, you were notified of pending administrative separation action by reason of misconduct due to 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 30 July 1985 your commanding officer recommended separation under other than honorable conditions by reason of misconduct due to drug abuse. On 13 September 1985 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 30 September 1985, you were so separated.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and the passage of time. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive drug related misconduct. Finally, no discharge is automatically upgraded due solely to the passage of time or an individual’s good post service conduct. 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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