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NAVY | BCNR | CY2007 | 04203-07
Original file (04203-07.rtf) Auto-classification: Denied
DEPARTMENT OFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON 2 0 37O - 5100





SMW
 Docket No: 4203-07
 1 November 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 31 October 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.
On 18 July 1989, you reenlisted in the Navy at age 23 after a prior period of honorable service. You then served without incident until 30 October 1989, when your urinalysis tested positive for cocaine. On 9 January 1990, you were convicted by a special court-martial of violating a lawful general regulation, and use and possession of cocaine.
On 24 January 1990, your commanding officer initiated administrative separation by reason of misconduct due to commission of a serious offense. In connection with this processing, you acknowledged that separation could result in an other than honorable (0TH) discharge and elected to have your case heard by an administrative discharge board (ADB). On 13 February 1990, a medical evaluation found that you were not dependent on drugs. On 28 February 1990, an ADE found that you had committed misconduct due to commission of a serious offense, and the majority of the ADB recommended an 0TH discharge. On 5 June 1990, the Secretary of the Navy approved the discharge recommendation and directed an 0TH discharge by reason of misconduct due to commission of a serious offense. On 22 June 1990, 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 and post service conduct. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. Finally, the Board noted that your case was heard by an ADB, your best opportunity for retention or a more favorable characterization of service. But, the majority of the ADB found that your misconduct warranted an 0TH discharge and the recommendation was approved by the Secretary of the Navy. 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.
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.
The Board noted that as a result of your prior honorable service, you may be eligible for veteran’s benefits. You should contact the nearest office of the Department of Veteran’s Affairs if you desire clarification about your eligibility for those benefits.

Sincerely,

W. DEAN PFEIFFER
Executive Director

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