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

TJR
										Docket No: 11133-06
										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 enlisted in the Marine Corps on 18 September 1986 at age 27 and served for nearly two years without disciplinary incident. However, on 21 July 1988, you received nonjudicial punishment (NJP) for wrongful use of cocaine. The punishment imposed was extra duty and restriction for 45 days, a $752 forfeiture of pay, and reduction to paygrade E-2. Shortly thereafter, on 24 August 1988, your urine sample tested positive for cocaine. As a result of urinalysis surveillance, on 6 and 11 October 1988, your urine samples again tested positive for cocaine.

On 14 December 1988 and again on 10 January 1989 you received NJP for six specifications Of uttering worthless checks in the amount of $721.65 and a one day period of unauthorized absence (UA).

On 8 February 1989 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).
Subsequently, your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 7 March 1989 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertion of being discharged due to a hardship. 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. Further, you were given an opportunity to defend yourself, but waived your procedural rights to present your case to an ADB. Finally, there is no evidence in the record, and you submitted none, to support your assertion. 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