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NAVY | BCNR | CY2007 | 04170-07
Original file (04170-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 04170—07
19 February 2008







This is in reference to your application for correction of your n a v al re co rd pursuant t o the provisions of Title 10 of the United states Code, section 1552.
A three--member panel of the Board for Correct ion of Na val Record application on 13 February 2000. Your a l l egation of error and injustice were reviewed in accordance with a dmin istrativ e 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 24 April 1989 at age 34. You served without incident for over two years until 19 February 1992 when you received nonjudicial punis hm ent (NJP) for wrongful use of cocaine.
On 4 March 1992, 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). Subsequently, on 6 April 1992 an ADB unanimously found that you had committed misconduct due to drug abuse, and recommended discharge under other-than honorable conditions. Your commanding officer concurred with the ADB and forwarded your case to the discharge authority for review.
On 30 April 1992, the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 30 Nay 1992, you received a second NJP for wrongful use of cocaine. You were so discharged on 10 July 1992.
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 loss of your father, and post-service accomplishments. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of yóur discharge because of your misconduct that resulted in two NJP’s, both of which were for drug abuse and one you received after you were notified that you were being administratively separated from the 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 provide or the m atter 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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