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

	SJN
	Docket No: 01268-06
	22 September 2006

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 20 September 2006. 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 o~ injustice.

You enlisted in the Navy on 18 October 1985 at age 30. On 20 May 1986 you received nonjudicial punishment (NJP) for wrongful use of marijuana. You received restriction, extra duties, and a forfeiture of pay.

Administrative discharge action was initiated by reason of misc, conduct due to drug abuse. You elected to consult with legal counsel and requested an administrative discharge board (ADB). Subsequently, on 8 October 1986, an ADB unanimously found that you had committed misconduct due to drug abuse, and recommended discharge under other than honorable conditions. Your commanding officer concurred with the ADB and forwarded your case to the discharge authority for review on 14 November 1986. On 10 December 1986 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 16 December 1986 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your time in service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your NJP for drug use. 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