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NAVY | BCNR | CY2007 | 03443-07
Original file (03443-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
        2 NAVY ANNEX                       
WASHINGTON DC 2O37O~5 100




                                                      SJN
                                                                                 Docket No: 03443-07
                                                                                 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 26 February 1990 at age 20. During the period from 3 October 1990 to 28 March 1992 you received three nonjudicial punishments (NJPs) for misbehavior of a sentinel or lookout, failure to go to your appointed place of duty, and use of a controlled substance.
On 31 March 1992, 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 7 April 1992, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct due to drug abuse. On 10 April 1992 the discharge authority directed an other than honorable discharge by reason of misconduct. On 17 April 1992 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 and overall record of service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted in three NJP’s, one of which was for drug 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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