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

TRG
	Docket No:09465-07 
	5 June 2008

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 28 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 6 December 1983 at age 18. On 4 March 1985 you received nonjudicial punishment for use of marijuana. On 10 October 1985 the Navy Drug Laboratory reported that you had tested positive for use of marijuana. Based on the foregoing incidents of drug abuse, you were processed for an administrative discharge. An administrative discharge board (ADB) met on 2 December 1985 and unanimously found that you had committed misconduct due to drug abuse. A majority of the ADB members recommended discharge under other than honorable conditions. The dissenting member felt that probable cause for imposition of a urinalysis did not exist. However, on 5 December 1985, the Navy Drug Laboratory reported that you had again tested positive for use of marijuana. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 28 January 1986.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, initial period of good service and your contention, in effect, that the discharge was too harsh given your inability to adjust to military life. The Board found that these factors and contention were not sufficient to warrant recharacterizatjon of your discharge given your repeated instances of drug abuse. Additionally, regulations in effect at the time of your service and in effect now require discharge processing when an individual is found to be a drug abuser. The Board concluded that the discharge was proper as issued and no change is warranted.

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 PFIEFFER
Executive Director