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

		TJR
									  Docket No: 10933-06
									  25 October 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 23 October 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 determined that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 18 December 1981 at age 17 and served without disciplinary incident until 9 October 1982, when you received nonjudicial punishment (NJP) for wrongful possession of hashish, and were awarded restriction and extra duty for 45 days, a $550 forfeiture of pay, and reduction to paygrade E-1.

On 12 January 1983 you were convicted by summary court-martial (SCM) of larceny of government property and sentenced to confinement at hard labor for 30 days. On 6 May and again on 20 August 1983 you received NJP for three periods of absence from your appointed place of duty and wrongful possession and use of marijuana.

Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct and drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 5 October 1983 your
commanding officer recommended discharge by reason of misconduct due to a pattern of misconduct and drug abuse. On 9 October 1983 the discharge authority directed separation under other than honorable conditions by reason of misconduct due to drug abuse, and on 13 October 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 youth, desire to upgrade your discharge, and the passage of time. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive drug related misconduct. Finally, you were given an opportunity to defend yourself, but elected to waive your procedural rights to present your case to an ADB. 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