DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2Q37O~51oo

TJR
Docket No: 6338-06
16 March 2007

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, sittingin executive session, considered your application on 13 March 2007. 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 14 February 1988 at age 19 and served for two years and three months without disciplinary incident. However, on 8 June 1990, you were convicted by civil authorities of illegal possession of alcoholic beverages while underage and drinking in public. You were sentenced to a $95 fine and confinement for two days. Six months later, on 19 December 1990, you received nonjudicial punishment (NJP) for a two day period of unauthorized absence (UA) and were awarded a $150 forfeiture of pay.

On 21 March 1991 you received NJP for an eight day period of UA and wrongful use of marijuana. The punishment imposed was a $752 forfeiture of pay, reduction to paygrade E-1, and extra duty and restriction for 45 days.

On 23 March 1991 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 14 April 1991 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. Subsequently, the discharge authority approved this recommendation and directed an other than honorable discharge, and on 18 April 1991 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzation of your discharge because of the seriousness of your repetitive misconduct in both the military and civil communities, which also included drug abuse. Finally, the Board noted that you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. 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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