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

	
	CRS
Docket No: 4092-06
18 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 30 August 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy Reserve on 21 October 1983. You reported to active duty on 2 May 1984. The record reflects that on 15 October 1984 your urine sample tested positive for marijuana. On 19 February 1985 another urinalysis was positive for marijuana. You received nonjudicial punishment on 13 April .1985 for an unauthorized absence of one day and missing movement.

On 25 April 1985 an administrative discharge board recommended that you be separated with an other than honorable discharge by reason of misconduct due to drug abuse and commission of a serious offense. After review by the discharge authority, the recommendation for separation was approved and on9 August 1985 you received an other than honorable discharge by reason of misconduct due to Commission of a serious offense.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as the contention that racial prejudice caused your misconduct. However, the Board concluded that these factors were not sufficient to warrant
recharacterjzation of your discharge, given the frequency of your misconduct, as shown by the two positive urinalyses for marijuana and the nonjudicial punishment. Concerning your contention of racism, you have submitted no evidence to support such a contention and the record contains no such evidence. 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

Copy to:	The American Legion