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NAVY | BCNR | CY2007 | 03506-07
Original file (03506-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                  SJN
                                                                                 Docket No: 03506-07
                                                                                 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-member 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 12 December 1986 after eight years of honorable service. On 15 January 1987, you received nonjudicial punishment (NJP) for wrongful use of cocaine. You received restriction, a forfeiture of pay, and a reduction in paygrade.
On 20 January 1987 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. You elected to consult with legal counsel and requested an administrative discharge board (ADB).
On 12 February 1987 an ADB unanimously found that you had committed misconduct due to drug abuse, and recommended discharge under other than honorable conditions, but recommended that the execution of the discharge be suspended for a period of one year. However, your commanding officer concurred with the ADB’s findings, but did not concur with the recommendation that the separation be suspended for one year and recommended that you be separated with an other than honorable discharge by reason of misconduct due to drug abuse and forwarded your case to the discharge authority for review. On 9 April 1987, the discharge authority
directed an other than honorable discharge by reason of misconduct due to drug abuse. On 10 April 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, the character letters accompanying your application, post-service accomplishments, and prior honorable service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your NJP for drug use. 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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