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NAVY | BCNR | CY2007 | 03438-07
Original file (03438-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



SJN
                                                                                          Docket No: 03438-07
                                                                                          18 December 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 11 December 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.
You enlisted in the Navy on 7 August 1986 at age 23. On
16 September 1987, you received nonjudicial punishment (NJP) for
a 25-day period of unauthorized absence (tJA) and missing
movement. On 26 July 1989, you received a second NJP for
wrongful use of cocaine.
On 15 August 1989, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. Based on the information currently contained in your record it appears that you waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB).






On 31 August 1989, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct due to drug abuse. On 22 September 1989 the discharge authority directed an other than honorable discharge by reason of misconduct. On 6 October 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, overall record of service, and post-service achievements. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted in two NJP’s, one of which was for cocaine use. The Board also noted that it appears you waived the right to an ADB, your best opportunity for retention or a better characterization of service. 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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