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

TJR
Docket No: 1113-07
5 December 2007

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 4 December 2007. 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 1 December 1977 at age 18 and served without disciplinary incident until 8 August 1978, when you received nonjudicial punishment (NJP) for wrongful possession of marijuana. The punishment imposed was extra duty and restriction for 25 days, reduction to paygrade E-l, and a $200 forfeiture of pay.

On 3 July and again on 11 November 1979 you received NJP for disobedience, making a false official statement, disrespect, and communicating a threat. During the period from 8 January to 27 May 1980 you received NJP on four more occasions for two periods of absence from your appointed place of duty, two periods of failure to go to your appointed place of duty, disobedience, and wrongful possession of marijuana.

On 9 June 1980 you were notified of pending administrative separation action by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.
At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 1 July 1980 your commanding officer recommended an other than honorable discharge by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. On 11 July 1980 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 25 July 1980 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 assertion that you were told that your discharge would be upgraded six months after your separation. 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 seven NJPs, and included drug abuse. Further, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. Finally, no discharge is automatically upgraded due solely to the passage of time or an individual’s good post service conduct. 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