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

SJN
Docket No: 05858-07
24 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You reenlisted in the Navy on 1 April 1988 after six years of honorable service. On 25 November 1988, you received nonjudicial punishment (NJP) for wrongful use of amphetamines/methphetamines

On 30 November 1988, administrative discharge action was initiated by reason of misconduct due to drug abuse. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). On 14 December 1988, a medical evaluation found that you were dependent on drugs, and a drug abuser. At that time, you were placed on a command urinalysis surveillance program.

On 16 December 1988, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct due to drug abuse. On 18 January 1989, the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse and offered 30 days of in-patient treatment via VA hospital prior to your discharge.
Unfortunately, on 3 February and 19 April 1989, you were convicted by special court-martial (SPCM) of driving while on restriction, wrongful use of methamphetamines on three occasions, and wrongful use of marijuana. As a result of the second SPCM, you were sentenced to confinement, a forfeiture of pay, and a bad conduct discharge (BCD). You received the BCD after appellate review was completed.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, good conduct medal awarded during your first period of honorable service, overall record of your last period of service, and post service accomplishments. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your NJP and convictions by SPCM for drug use, and your failure to refrain from drug use after being placed on a urinalysis surveillance program. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. 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