DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100

SJN
Docket No: 04006-06
2 November 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 31 October 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 ~i he Na on 6 August 1998 at age 24. On 15 December 1999 you received nonjudicial punishment (NJP) for wrongful possession and use of marijuana. You received 30 days restriction and a reduction in paygrade.

Although the record is incomplete, it appears that administrative discharge action was then initiated by reason of misconduct due to drug abuse. You would have been afforded the right to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). It appears you waived your right to an ADB since the separating authority directed that you be separated due to your drug use. On 29 December 1999, only six days after the NJP, you were discharged under other than honorable conditions.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and 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