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NAVY | BCNR | CY2007 | 07587-07
Original file (07587-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
                                                                                          Docket No: 7587-07
                                                                                          18 June 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-me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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 3 January 1984 at age 21. You served without disciplinary incident until 25 February 1986, when you received nonjudicjal punishment (NJP) for wrongful use of marijuana. The punishment imposed was reduction to paygrade E-2 and a $716 forfeiture of pay, one half of which was suspended for six months. Nearly a year later, on 20 February 1987, you again received NJP for wrongful use of marijuana and driving a government vehicle while under the influence of alcohol. The punishment imposed was a $638 forfeiture of pay and reduction to paygrade E—2. At that time you were also notified of pending administrative separation by reason of misconduct due drug abuse. You waived your right to consult with legal counsel and to submit a statement in rebuttal to the discharge.
On 11 March 1987 you refused to participate in a drug and alcohol rehabilitation program at a veterans’ hospital. As a result, you were again notified of administrative separation by reason of misconduct due to drug abuse and refusal to participate in a drug
 and alcohol rehabilitation program. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). Your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. Subsequently, the discharge authority approved this recommendation and directed discharge under other than honorable conditions by reason of drug abuse, and on 16 May 1988 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, post service conduct, and period of good service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of the seriousness of your drug related misconduct. Finally, you were given an opportunity to defend yourself against these charges at an ADB, but waived your procedural right. 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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