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

SJN
Docket No: 11213-06
18 June 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 13 June 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 Navy on 24 February 1983 at age 20. You served well over two years without incident until 19 September 1985 when you received nonjudicial punishment (NJP) for wrongful use of marijuana. You received a forfeiture of pay, a reduction in paygrade, restriction, and extra duty. Additionally, you were placed on your command’s urinalysis program and warned that further misconduct could result in administrative discharge action.

On 18 October you admitted to being drug dependent and were so diagnosed by the counseling and assistance center (CAAC) and the medical department. While awaiting space at an in-patient rehabilitation program, you remained in the urinalysis program. Unfortunately, after you were afforded a 30-day grace period, you continued to test positive for drug use. On 25 February 1986 you received a second NJP for wrongful use of marijuana and administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. You elected to consult with legal counsel and requested an administrative discharge board (ADB).

On 28 February 1986 an ADB unanimously found that you had committed misconduct due to drug use and recommended discharge under other than honorable conditions. Subsequently, your commanding officer (CO) concurred with the ADB and forwarded your case to the discharge authority for review. He stated, in part, that you demonstrated no potential for productive service because of your continued use of drugs.

On 30 April 1986 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. You were so discharged on 12 May 1986.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and the explanation you provided with your application regarding your drug problem. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your two NJP’s for drug use and the fact that your command provided you with an opportunity for drug rehabilitation and a chance to earn a better characterization of service, but you continued to use drugs. 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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