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NAVY | BCNR | CY2007 | 05529-07
Original file (05529-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TJR
 Docket No: 5529-07
2 April 2008





This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 1 April 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.
You enlisted in the Naval Reserve on 24 May 1983 at age 18 and served without disciplinary incident until 23 March 1984, when you received nonjudicial punishment (NJP) for failure to obey a lawful order and were awarded a $298 forfeiture of pay and a suspended reduction in paygrade.
On 28 January and again on 8 March 1985 you received NJP for two specifications of wrongful use of marijuana. Shortly thereafter, on 11 March 1985, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 19 March 1985 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse stating, in part, as follows:
Member’s continuing use of marijuana has thwarted this command’s every attempt to redirect his efforts towards self improvement and increasing the readiness of the squadron. he was found to have used marijuana, was counselled and warned about the ramifications of further drug abuse. (nevertheless) he has blatantly disregarded these warnings.
On 21 March 1985 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 29 March 1985 you were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to have your discharge upgraded so that you may enlist in the Army. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzation of your discharge because of the seriousness of your repetitive drug related misconduct, which resulted in three NJPs. You were given an opportunity to defend yourself and possibly obtain a better characterization of service, but failed to do so when you waived your procedural rights. 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.




                                                                        Sincerely,
W. DEAN PFEIFFER
Executive Director
                                                                       

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