DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100

										JRE
										Docket No. 03060-03
										28 August 2003

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 28 August 2003. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy on 5 June 1981. You tested positive for the use of cocaine of two occasions, and received nonjudicial punishment for disobedience of a lawful order. In addition, you were convicted by two special courts-martial, of disrespect and unlawful use of cocaine. You were discharged on 20 April 1985, by reason of misconduct, with a discharge under other than honorable condition.

The Board could not find any indication in the available records that you were unfit for duty by reason of physical disability at the time of your discharge. It noted that even if you had been unfit, you would not have been entitled to disability evaluation processing because a discharge by reason of misconduct takes precedence over such processing. In the absence of evidence that demonstrates that your discharge was erroneous, and that you were unfit for duty, the Board declined to recommend any corrective action in your case. 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