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

SMW
Docket No: 6430-06
13 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 21 August 1985 you enlisted in the Marine Corps at age 21 after being granted a pre-service drug waiver. During the period from 27 August 1986 to 22 May 1987 you received three nonjudicial punishments (NJP’s). Your offenses included a three day period of unauthorized absence (UA), use of cocaine, and use of amphetamine.

On 15 June 1987 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. In connection with this processing, you acknowledged the consequences of receiving such a discharge and elected to waive the right to have your case heard by an administrative discharge board (ADB). On 10 July 1987 the staff judge advocate found the discharge sufficient in law and fact. On 15 July 1987 the separation authority approved the discharge recommendation and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 22 July 1987 you were separated with an other than honorable discharge.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, and your contention that you really did not know what you were doing at the time. Nevertheless, the Board concluded that these factors and contention were not sufficient to warrant recharacterization of your discharge due to the seriousness of your drug-related misconduct. 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. Finally, the Board further noted that you enlisted after being granted a pre-service drug waiver and even acknowledged that use of illegal drugs would not be tolerated in the Marine Corps. Unfortunately, you continued to use illegal drugs. 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.

Sincerely,

W. DEAN PFEIFFER
Executive Director

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