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

TJR
									   Docket No: 11064-06
									   1 November 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 30 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 12 September 1986 after four years of prior honorable service. You continued to serve without incident until 20 November 1987, when your urine sample tested positive for cocaine. On 25 November 1987 you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty and were awarded a $200 forfeiture of pay and reduction to paygrade E-3, which was suspended for six months. However, on 7 December 1987, this suspension was vacated when you received NJP for a three day period of UA. As a result of the foregoing positive urinalysis, on 28 December 1987, you received NJP for wrongful possession and use of cocaine and were awarded a reduction to paygrade E-2.

On 5 January 1988 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel you elected to present your case to an administrative discharge board (ADB). On 28 January 1988 an AIDE recommended an other than honorable discharge by reason of misconduct due to drug abuse. Shortly thereafter, on 1 and again on 22 February 1988, you received NJP for a four day period of UA and six periods of absence from your appointed place of duty. On 26 February 1988 your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. On 24 March 1988 the discharge authority approved these recommendations and directed separation under other than honorable conditions, and on 5 April 1988 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 honorable service, post service conduct, and the character reference letter submitted in support of your case. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct, which resulted in five NJPs and included drug abuse. 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