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NAVY | BCNR | CY2007 | 05722-07
Original file (05722-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100








 SMW
 Docket No: 5722-07
15 February 2008






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 6 February 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.
On 1 December 1981, you enlisted in the Navy at age 18 and served without incident until 27 January 1983, when you were counseled regarding drug involvement and warned that further infractions could result in disciplinary action or an other than honorable (0TH) discharge. On 30 January 1983, a substance abuse message stated that you had good potential for further service. On 27 June 1983, you were counseled regarding drug involvement and a subsequent substance abuse message stated that you had poor potential for further service. On 29 July and 15 September 1983, you had nonjudicial punishment for two instances of use of marijuana and possession of marijuana.

Based on the information currently contained in your record, it appears that your commanding officer subsequently initiated administrative separation by reason of misconduct due to drug abuse. In connection with this processing, you would have acknowledged that separation could result in an 0TH discharge and been afforded an opportunity to have your case heard by an administrative discharge board (ADB). On 23 October 1983, the separation authority approved the recommendation and directed an 0TH discharge by reason of misconduct due to drug abuse. On
1 November 1983, you were so discharged

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth and period of good service. 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 you waived the right to have your case heard by an A]JB, 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 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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