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NAVY | BCNR | CY2007 | 07508-07
Original file (07508-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                     BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100


TJR
 Docket No: 7508-07
3 June 2008



This is in reference ~o 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 3 June 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 19 March 1990 at age 25. on 3 April
1990 you were convicted by civil authorities of assault and
 battery and sentenced to probation for two years. On 30 November
1990 you were apprehended by civil authorities for driving under
the influence and speeding.
On 4 February 1991 you received nonjudicial punishment (NJP) for larceny and were awarded a $100 forfeiture of pay. As a result of the 30 November 1990 civil arrest, on 7 February 1991, you were convicted by civil authorities of driving under the influence You were sentenced to a $250 fine, $25 in court costs, probation for one year, and were issued a restricted license for six months.
On 29 January and again on 12 June 1992 you were absent from your appointed place of duty for approximately four hours. However, the record does not reflect the disciplinary action taken, if
 any, for this misconduct. On 7 August 1992 you received NJP for wrongful possession and use of cocaine. The punishment imposed was restriction and extra duty for 45 days, reduction to paygrade E-2, and an $880 forfeiture of pay.




Subsequently, you were notified of pending administrative separation action by reason of misconduct due to Commission of a serious offense and 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 25 August 1991 your commanding officer recommended separation under other than honorable conditions by reason of misconduct due to commission of a serious offense and drug abuse. On 14 September 1991 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 23 October 1992 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 and desire to upgrade your discharge so that you may receive veterans’ benefits. Nevertheless, the Board concluded these factors were not sufficient to warrant an upgrade of your discharge because of the seriousness of your repetitive misconduct in both the military and civilian communities, which also included drug abuse. Finally, you were given an opportunity to defend yourself, but waived your procedural rights 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 cor r ection 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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