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

TJR
Docket No: 7047-07
22 May 2008

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 20 May 2008. 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 19 January 1981 at age 18. You served without disciplinary incident until 11 March 1982, when you received nonjudicial punishment (NJP) for absence from your appointed place of duty and were awarded restriction and extra duty for 15 days.

On 26 September and again on 28 October 1983 you received NJP for absence from your appointed place of duty, failure to go to your appointed place of duty, and sleeping on watch. Less than five months later, on 12 March 1984, you received NJP for failure to obey a lawful order, and wrongful possession, introduction, and use of marijuana. The punishment imposed was extra duty and restriction for 45 days, reduction to paygrade E-1, and a $572 forfeiture of pay.

Subsequently, you were notified of pending administrative separation action by reason of misconduct due Co a pattern of misconduct and 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). On 27 March 1984 your commanding officer recommended an other than honorable discharge by reason of misconduct due to a pattern of misconduct and drug abuse.. On 30 March 1984 this recommendation was approved and the discharge authority directed discharge under other than honorable conditions by reason of misconduct. Nonetheless, on 6 April 1984, you received your fifth NJP for eight specifications of failure to obey a lawful order. The punishment imposed was a $536 forfeiture of pay and restriction for 60 days. Shortly thereafter, on 10 April 1984, you were discharged under other than honorable conditions.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and your assertion that your disciplinary infractions did not warrant the degree of punishment you received. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct, which resulted in five NJPs and included drug abuse. Finally, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. 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