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

			      TJR
										  	Docket No: 3388-06
											 7 November 2006

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 7 November 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 or injustice.

You enlisted in the Navy on 3 December 1985 at age 17. You served without disciplinary incident until 18 June 1987, when you received nonjudicial punishment (NJP) for drunk and disorderly conduct and were awarded restriction for seven days, extra duty for 30 days, reduction to paygrade E-2, and a $738 forfeiture of pay.

On 6 January 1988 you were convicted by special court-martial (SPCM) of failure to obey a lawful order, wrongful use of cocaine, disrespect, disobedience, and assault. You were sentenced to confinement for 60 days, a $1,314 forfeiture of pay, reduction to paygrade E-1, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 6 December 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 the passage of time.

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 NJP and a court-martial conviction for offenses that included wrongful possession and use of alcohol and drugs. 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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