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

TJR
Docket No: 7054-07
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 6 March 1989 at age 28. You served without disciplinary incident until 11 January 1991, when you received nonjudicial punishment (NJP) for two specifications of failure to obey a lawful order and wrongful use of cocaine and marijuana. The punishment imposed was restriction and extra duty for 45 days, reduction to paygrade E-l, and an $800 forfeiture of pay.

On 14 January 1991 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) On 13 February 1991 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 4 March 1991 this recommendation was approved and the discharge authority directed discharge under other than honorable conditions by reason of misconduct due to drug abuse. You were also offered 30 days of in-patient treatment for your cocaine and marijuana dependence at a veterans’ hospital. On 4 June 1991 you were released from in-patient treatment, and on 10 June 1991 you received an other than honorable discharge.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as the passage of time, post service conduct, and your assertion of regret for a one-time mistake that you made while partying. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct. 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