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

SMW
Docket No: 5093-06
4 October 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 3 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 reenlisted in the Navy on 29 September 1983 at age 21 after a prior period of honorable service. On 18 July 1984 a urinalysis tested positive for use of marijuana, and on 8 August 1984 you received nonjudicial punishment (NJP) for this offense. You were counseled on that same date regarding drug use, and warned that further infractions could result in disciplinary action and administrative separation. On 19 March 1985 another urinalysis tested positive for use of marijuana, and on 25 April 1985 you received NJP. On 3 May 1985 a medical evaluation stated that you were not drug dependent and recommended administrative action.

On 3 May 1985 your commanding officer initiated separation action by reason of misconduct due to drug abuse. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge, and you waived the right to have your case heard by an administrative discharge board (ADB). On 5 June 1985 your commanding officer recommended an other than honorable discharge. On 19 June 1985 the separation authority approved the recommendation and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 28 June 1985 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 and prior period of honorable service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your drug-related misconduct that continued even after you were counseled and warned that further infractions could result in disciplinary action and administrative discharge. The Board also noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.

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.

The Board noted that as a result of your prior honorable service, you may be eligible for veteran’s benefits. You should contact the nearest office of the Department of Veterans Affairs if you desire clarification about your eligibility for those benefits.

Sincerely,

W. DEAN PFEIFFER
Executive Director