DEPARTMENT OF~ THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00
SJN
Docket No: 07886-06
1 March 2007

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 22 February 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 12 July 1982 at age 18. On 3 June 1983 and 17 July 1984 you received nonjudicial punishment (NJP) for wrongful use of marijuana.

On 25 July 1984 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).

On 29 August 1984 an ADB unanimously found that you had committed misconduct due to drug abuse and recommended discharge under other than honorable conditions. Your commanding officer (CO) concurred with the ADB and forwarded your case to the discharge authority for review. On 28 September 1984 you received an additional NJP for unauthorized absence (UA), disobedience, and communicating a threat.

On 20 October 1984 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 31 October 1984 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 overall record of service, and the contention that you requested rehabilitation but your request was denied. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your three NJP’s, two of which were for drug use. With regard to your request for rehabilitation, a medical entry in your record states that you showed no evidence of psychological dependence and demonstrated no need for rehabilitation. 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