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NAVY | BCNR | CY2007 | 07046-07
Original file (07046-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                     BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                     WASHINGTON DC 2O37O-5100



TJR
 Docket No: 7046-07
22 May 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 20 May 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 i~ 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 reenlisted in the Navy on 19 January 1982 after four years of prior honorable service. ~out six months later, on 23 July 1982, you received nonjudicial punishment (NJP) for a 28 day period of unauthorized absence (UA).
On 9 April and again on 12 May 1983 you received NJP for absence from your appointed place of duty, a one day period of UA, and wrongful use of marijuana.
On 19 May 1983 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 2 June 1983 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 21 June 1983 this recommendation was approved and the discharge authority directed discharge under other than honorable conditions by reason of misconduct and on 8 July 1983 you were so discharged.
 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as the prior honorable service, post service conduct; and the passage of time. It also considered your assertion that you regret making a mistake. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct, which resulted in three NJPs and included drug abuse. Finally, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. 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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