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NAVY | BCNR | CY2007 | 04399-07
Original file (04399-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100





 SMW
 Docket No: 4399-07
8 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 7 November 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 19 September 1983, you enlisted in the Navy at age 20. On 30 October 1984, a medical evaluation stated that your urinalysis tested positive for marijuana and found that you were not dependent. On 8 November 1984, you had nonjudicial punishment for use of marijuana. You subsequently disclosed that you were a homosexual.
On 23 August 1985, your commanding officer initiated administrative separation by reason of misconduct due to drug abuse and homosexuality. 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 29 August 1985, the separation authority approved the discharge recommendation and directed an 0TH discharge by reason of misconduct due to drug abuse. On 10 September 1985, you were so discharged.
 The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth. The Board also considered your contention that your discharge should be upgraded to honorable because of changes in discharges. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that resulted in an 0TH discharge. Regarding your contention, there has been no change in the law regarding discharges that result from misconduct and homosexuality does not excuse misconduct. 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.
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 previ’ously 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 PFIEFFER
                                                                        Executive Director

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