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

RDZ : ecb
Docket No. 09724-07
20 March 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 18 March 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 27 April 1982 at age 19. On that same day you tested positive for drugs and were warned that further drug usage could result in disciplinary action and administrative separation with an other than honorable discharge (0TH) . On 4 August 1982 you again tested positive for marijuana and were issued another written warning. Unfortunately on 19 October 1984 you received non-judicial punishment (NJP) for possessing drug paraphernalia, six instances of using marijuana, LSD and amphetamines. Again you were issued a written warning. On 7 November 1985, after being treated for alcohol dependence, you received NJP for drunkenness. A little over two weeks later you received your third NJP for wrongful possession and use of marijuana. On.27 December 1985 you received your fourth NJP for breaking restriction. Pursuant to the unanimous recommendation of an administrative discharge board you were issued an 0TH discharge on 17 November 1986.

In its review of your application the Board considered all potentially mitigating matters such as your youth and your post service efforts to rehabilitate yourself by attendance at Alcoholics Anonymous meetings. Nevertheless the Board concluded that these factors could not overcome your extensive record of 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