DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100

		TJR
									 Docket No: 11041-06
									 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 found the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You reenlisted in the Navy on 3 September 1980 after three years of prior service. You continued to serve without disciplinary incident until 4 October 1983, when you received nonjudicial punishment (NJP) for wrongful use of marijuana. The punishment imposed was restriction and extra duty for 45 days and reduction to paygrade E-4.

On 16 April 1984 you were notified of pending administrative separation action by reason of misconduct due to 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) Three days later, on 19 April 1984, you received NJP for wrongful use of marijuana and were awarded extra duty and restriction for 45 days and reduction to paygrade E-3. Subsequently, on 29 April
1984, your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. This recommendation stated, in part, as follows:

 (Member) has been counselled on numerous occasions and has been afforded the opportunity to rehabilitate himself.... His blatant disregard for the Navy’s policy concerning drug abuse as evidenced by two positive screenings and his refusal to participate in rehabilitation strongly mitigates for his immediate discharge.

On 2 Nay 1984 the discharge authority approved the forgoing recommendation and directed separation under other than honorable conditions, and on 7 May 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 prior service and desire to upgrade your discharge so that you may obtain medical benefits. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct, which resulted in two NJPs. 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.

You may be eligible for veterans’ benefits which accrued during your first period of service. Whether or not you are eligible is a matter under the cognizance of the Department of Veterans Affairs (DVA). If you have been denied benefits, you should appeal that denial under procedures established by the DVA.

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