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NAVY | BCNR | CY2007 | 06196-07
Original file (06196-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100
SMW
                                                                                 Docket No: 6196-07
                                                                                 5 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 5 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.
On 27 June 1984, you enlisted in the Navy at age 26. Apparently your accession urinalysis tested positive for phencyclidine and phenobarbital. You were subsequently considered for administrative separation, but were authorized to be retained after you stated that you made a foolish mistake and desired to remain in the Navy. On 25 September 1984, you were counseled regarding deficiencies in your conduct, specifically, the positive urinalysis, and warned that further infractions could result in administrative separation. On 26 April 1986, you had nonjudicial punishment for having possession of two unauthorized knives. You were also counseled regarding deficiencies in your performance and conduct and warned that further infractions could result in disciplinary action or administrative separation. On 5 August 1986, you were convicted by a summary court-martial for four instances of distribution of hashish. On 27 February 1987, you were convicted by a special court-martial for use of cocaine. The sentence included confinement at hard labor, forfeitures of pay, reduction in rank, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 14 October 1987 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your desire for a better discharge. The Board also considered your contention that you were addicted to drugs when you enlisted and were not provided drug rehabilitation. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct that continued even after you were warned that further infractions could result in disciplinary action or administrative separation. Regarding your contentions, there is no evidence in your naval record to show that you ever requested medical assistance for drug addiction or were diagnosed as being dependent on drugs. 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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