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

SMW
Docket No: 8983-06
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 28 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.

On 12 November 2002 you enlisted in the Navy at age 18. You served without incident until 23 June 2004, when you received nonjudicial punishment (NJP) for three instances of disobedience of a lawful order and unlawful entry into a stateroom. On 5 August 2004 suspended punishment from the NJP was vacated due to continued misconduct.

On 16 August 2004 your urinalysis tested positive for ecstasy. On 20 August 2004 you received NJP for five instances of failure to obey a lawful order and use of a controlled substance. During the NJP proceedings, you admitted that you had used ecstasy.

On 20 August 2004 your commanding officer (CO) initiated administrative separation by reason of misconduct due to drug abuse. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 15 September 2004 the separation authority approved the discharge recommendation and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 20 September 2004 you were so discharged and assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and remorse for your infractions. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge or changing the reason for discharge or reenlistment code due to the seriousness of your misconduct. Finally, the Board 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. Therefore, the Board concluded that the discharge was proper as issued and no changes are 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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