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

SJN
Docket No: 10071-06
11 May 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 2 May 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 reenlisted in the Navy on 24 March 1981 after nearly nine years of honorable service. On 13 May 1982 you received nonjudicial punishment (NJP) for larceny and presenting a false and fraudulent claim, On 29 June 1982 a command assistance drug screening urinalysis was conducted, and you tested positive for marijuana use. on 12 July 1982, once again, you tested positive for drugs.

On 4 November 1982, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).

On 17 November 1982 a Counseling and Assistance Center (CAAC) evaluation stated that you were psychologically dependent on drugs, attended narcotics anonymous meetings where you admitted using drugs, and showed little motivation to help yourself or to work on your drug use.  Subsequently, on   21 December 1982 an ADB, unanimously found that you had committed misconduct due to drug use, and recommended discharge under other than honorable conditions. On 24 January 1983, your commanding officer (CO) concurred with the ADB and forwarded your case along with your appeal of the ADB decision to the discharge authority, stating, in part, that you had been counseled concerning your drug use and been afforded the opportunity to attend drug rehabilitation, but you declined treatment and continued to use drugs. On 8 February 1983 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 18 February 1983 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your overall period of service and prior honorable service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your NJP and especially the multiple instances of drug use that led to your failure to adhere to your command’s rehabilitation program. 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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