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NAVY | BCNR | CY2007 | 05250-07
Original file (05250-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100        



         TRG
 Docket No. 5250-07
6 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 27 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You reenlisted in the Navy on 9 July 1984 after more than seven years of active service on a prior enlistment. You then serviced without incident for more than three years. On 30 November 1987, you were arrested by civil authorities for possession of cocaine. Subsequently, you pled guilty to the offense. However, the court withheld adjudication contingent on six months probation and completion of 50 hours of community service. On 15 January 1988, you were convicted by summary court-martial of use of cocaine. The court-martial sentence included restriction, forfeitures of pay and a reduction in rate.
Based on the foregoing record, you were processed for an administrative discharge by reason of misconduct due to drug abuse. During the subsequent administrative discharge board (ADB) you stated that you had only used cocaine on one occasion and requested retention in the Navy. On 3 March 1988, the ADB concluded that you had committed misconduct due to drug abuse and recommended discharge under other than honorable conditions and that the discharge be suspended for a probationary period of 12 months.

On 11 March 1988, your commanding officer recommended that the discharge not be suspended and that you be discharged under other
 than honorable conditions. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 19 April 19988.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your prior honorable service and desire to remain in the Navy. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your use of drugs and your knowledge that such usage would not be tolerated. 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.
You may be eligible for veterans ’ benefits based on your honorable service in your first enlistment. Therefore, if you have been denied benefits, you should appeal that denial under procedures established by the Department of Veterans Affairs.
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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