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NAVY | BCNR | CY2007 | 05815-07
Original file (05815-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SJN
 Docket No: 05815-07
27 March 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 25 March 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 Navy on 26 September 1978 at age 20. During the period from 26 July 1979 to 8 February 1980, you received two nonjudicial punishments (NJP’s) for possession and use of marijuana and escaping from correctional custody. You were also convicted by special court-martial (SPCM) of absence from your appointed place of duty, disobedience, possession of marijuana, and urinating on the floor and wall.
On 7 March 1980, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). On 10 April 1980, your commanding officer forwarded your case to the separating authority recommending separation.






On 11 June 1980, an ADB unanimously found that you had committed misconduct due to a pattern of misconduct and drug possession, and recommended that you be discharge under other than honorable conditions. On 29 December 1980 the discharge authority directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 31 December 1980 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, the character letters accompanying your application, and post service accomplishments. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of two NJP’s involving drug possession and conviction by SPCM for drug possession and other misconduct. 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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