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

TJR
									Docket No: 11321-06 
									31 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 31 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 Navy on 20 August 1974 at age 17. You served without disciplinary incident until 11 April 1975, when you received nonjudicia]. punishment (NJP) for absence from your appointed place of duty and wrongful use of marijuana. The punishment imposed was restriction and extra duty for 45 days, a $352 forfeiture of pay, and reduction to paygrade E-l.

On 2 May 1975 you were notified of pending administrative separation action by reason of unfitness due to drug abuse. After consulting with legal counsel, you waived your right to present your case to an administrative discharge board (ADB) in exchange for a recommendation for a general discharge. On 5 May 1975 your commanding officer recommended a general discharge by reason of unfitness due to drug abuse. This recommendation also stated, in part, that you unequivocally stated your intent to continue using marijuana even after being informed of the consequences of such actions.

Subsequently, on 15 May 1975, the discharge authority directed separation under honorable conditions by reason of unfitness due to drug abuse. However, on 16 May 1975, you were erroneously issued a Certificate of Release or Discharge from Active Duty (DD Form 214) with the characterization of service as honorable, and were assigned an RE-4 reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and letter of explanation regarding your actions while serving in the Navy. It also considered the character reference letter provided in support of your case. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge or change the narrative reason or reenlistment code because of your drug related misconduct and statement of continued use of marijuana. Finally, although you were erroneously issued an honorable discharge certificate, you were properly processed for separation by reason of unfitness and correctly assigned an RE-4 reenlistment code, which is required when a Sailor is separated due to 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