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

TRG
Docket No:7224-06
20 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 29 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 record1 the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 27 January 1971 at age 19. You satisfactorily completed initial training and, on 18 March 1971, you reported to your first duty station. On 8 December 1971 you received nonjudicial punishment for an unauthorized absence of about five hours. At about this time you were involved in drug abuse, after which you were counseled and granted drug exemption. A short time later, you admitted to using drugs while the exemption was in effect.

Based on the multiple incidents of drug abuse you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed an undesirable discharge and you were so discharged on 16 February 1972.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and desire for a better discharge so that you can obtain veterans benefits. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your drug abuse and especially the abuse that occurred after you were counseled and
granted a drug exemption. Your continued use of drugs was considered to be indicative of willful misconduct. Additionally, a report was received from the Federal Bureau of Investigation which shows several convictions for drug related offenses and other infractions. Finally, the Board was aware that under current regulations, Sailors are processed for discharge following one incident of drug abuse. The Board thus concluded that you were properly discharged 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