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NAVY | BCNR | CY2007 | 07230-07
Original file (07230-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100


 SMW
 Docket No: 7230-07
10 April 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 9 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.
On 10 January 1990, you reenlisted in the Navy at age 35. On 22 February 1990, you had nonjudicial punishment (NJP) for disrespect. On 4 December 1990, you were. convicted by a special court-martial for a day of unauthorized absence, three instances of use of cocaine, and breaking restriction. The sentence included confinement, forfeitures of pay, reduction in rank, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 22 April 1992, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your prior period of honorable service. The Board also considered your letters of recommendation, post service achievements, and contentions that immaturity, medical issues, family issues, prolonged separation, and an impoverished background may have attributed to your misconduct. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your
misconduct. Regarding your contentions, immaturity, medical issues, prolonged separation, and personal problems do not excuse misconduct. You are advised that there is no provision in the law or regulations that allows for recharacterization of service due to post. service conduct or achievements. 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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