DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO

		TJR
										Docket No: 1666-07 
										5 December 2007

This is in reference to your application for correction of your  naval record pursuant to 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, regulatjo~5 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 5 October 1979 at age 18, and subsequently extended your enlistment for 12 months. You served without disciplinary incident until 29 July 1980, when you received nonjudicial punishment (NJP) for wrongful possession of marijuana. The punishment imposed was restriction and extra duty for 20 days and a $400 forfeiture of pay.

On 27 April and again on 19 August 1982 you received NJP for two specifications of disrespect and disobedience. You also received NJP on two more occasions on 6 April and 29 July 1983 for dereliction of duty and disobedience. On 5 April 1984 you received NJP for two specifications of disobedience and communicating a threat to disfigure. About four months later, on 17 August 1984, you received your seventh NJP for three periods of unauthorized absence (UA) totalling 19 days.

On 18 August 1984 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct 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 (ADE). On 2 October 1984 your commanding officer recommended an other than honorable discharge by reason of misconduct due to a pattern of misconduct and drug abuse. On 6 October 1984 the discharge authority approved this recommendation and directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct and frequent involvement of a discreditable nature with military “or” civilian authorities, and on 13 October 1984 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 never the subject of civil involvement. Nevertheless, the Board concluded these factors were notsufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct, which resulted in seven NJPs and included drug abuse. Finally, you were given an opportunity to defend yourself, but waived your procedural right 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 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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