DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~51 00

CRS
										Docket No: 11242-06
										 3 July 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 27 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy Reserve on 14 February 1984. You received two nonjudicial punishments for use and possession of marijuana.

On 15 October 1984 your commanding officer recommended that you be separated with a discharge under other than honorable conditions by reason of drug abuse. When informed of this recommendation, you consulted with counsel and elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and on 8 November 1984 you were discharged with a discharge under other than honorable conditions. Following your discharge, you continued to abuse alcohol and drugs, to include marijuana, barbiturates, cocaine and methamphetamines.

In its review of your application the Board carefully considered your contention that an undiagnosed attention deficit disorder caused your misconduct, but found it insufficient to warrant recharacterizatjon of your discharge, which was based on your use
of drugs. There is no indication in your record that you suffered from an attention deficit disorder or that your misconduct was caused by an undiagnosed mental disorder. The Board concluded that in any event, the existence of such a disorder would not excuse your misconduct. 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