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NAVY | BCNR | CY2007 | 03999-07
Original file (03999-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 SMW
 Docket No: 3999-07
30 May 2008







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 29 May 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.
On 7 May 1985, you reenlisted in the Navy at age 23.
On 5 December 1985, you had nonjudicial punishment (NJP) for use of marijuana. On 16 January 1986, your commanding officer initiated administrative separation by reason of misconduct due to drug abuse. In connection with this processing, you acknowledged that separation could result in an other than honorable (0TH) discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 4 February 1986, you had another NJP for use of marijuana. On 22 February 1986, the separation authority approved the discharge recommendation and directed an 0TH discharge by reason of misconduct due to drug abuse. On 3 March 1986, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your prior period of honorable service. The Board also considered your
          contention that your entire five years of service were good except for the last year. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterizatjon of your discharge due to the seriousness of your repetitive drug related misconduct. Regarding your contention, the record shows that you had a positive urinalysis for marijuana during your first enlistment in 1982, but you were only counseled and no disciplinary action was taken for this offense. Finally, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
The Board noted that as a result of your prior honorable service, you may be eligible for veterans’ benefits. You may contact the nearest office of the Department of Veterans Affairs if you desire clarification about your eligibility for those benefits.
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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