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

SMW
Docket No: 6208-06
9 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 8 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.

On 15 August 1983 you reenlisted in the Navy at age 29 after a prior period of service. An accession urinalysis of 16 August 1983 tested positive for marijuana, but a substance abuse evaluation at the servicing counseling and assistance center found that you were not dependent on drugs or alcohol.

On 12 July and 27 August 1985 you received nonjudicial punishment (NJP) for failure to obey a lawful order and use of cocaine. On 27 August 1985 suspended punishment from NJP of 12 July 1985 was vacated for unspecified misconduct. On 27 August and 5 September 1985 you were counseled regarding deficiencies in your performance and conduct, and warned that further infractions could result in disciplinary action or administrative separation. On 31 October 1986 you received NJP for missing movement, two instances of willful disobedience of a lawful order, and use of an unspecified controlled substance.

On 3 November 1986 your commanding officer recommended you for an other than honorable discharge by reason of misconduct due to drug abuse. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board (ADB). On 6 November 1986 a medical evaluation found that you were not dependent on drugs, and on 10 November 1986 a substance abuse report stated that you consented to a urinalysis that tested positive for cocaine. On 4 December 1986 the separation authority approved the discharge recommendation and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 5 December 1986 you were separated with an other than honorable discharge by reason of misconduct due to drug abuse.

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. The Board also considered your contention that you were not offered treatment for drugs. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your drug-related misconduct that continued even after you were warned that further infractions could result in disciplinary action or an administrative separation. The Board also noted that you waived the right to an ADB, your best opportunity for retention or a more favorable characterization of service. Regarding your contention, the Board noted that you received a substance abuse evaluation, but were not found to be dependent upon drugs or alcohol. Finally, there is no evidence in the record to show that you ever requested or were denied treatment for substance abuse. 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