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NAVY | BCNR | CY2007 | 03456-07
Original file (03456-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100


                                                      SJN
                                                                                 Docket No: 03456-07
26 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-me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 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 reenlisted in the Navy on 4 March 1982 at age 24. Based on the information currently contained in your record it appears you were enrolled in a Navy drug rehabilitation program. At the completion of treatment, it was noted that your work habits were good. At that time, you were placed in a Level I drug rehabilitation program pending further treatment.
On 7 December 1984, you received nonjudicjal punishment (NJP) for a 65-day period of unauthorized absence (UA) and missing movement. You received a reduction in paygrade, a forfeiture of pay, and restriction.




On 22 January 1985, administrative discharge action was initiated to separate you by reason of misconduct due to commission of a serious offense and drug rehabilitation failure. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB).

On 23 January 198-5, your commanding of fiaer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 3 February 1985 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 6 February 1985 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, period of prior honorable service, and overall record of your last period of service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacter i zation of your discharge because of your misconduct that resulted in NJP for a period of UA that lasted over two months, the serious offense of missing movement, and your drug rehabilitation failure. The board also noted that 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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