DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100	
		TJR
Docket No: 9483-02
29 August 2003

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 26 August 2003. 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 Naval Reserve on 16 November 1990 at age 33. On 7 June 1991 you received nonjudicial punishment (NJP) for absence from your appointed place of duty, attempting to break restriction. The punishment imposed was restriction and extra duty for 45 days and an $844 forfeiture of pay, which was suspended for six months.

On 18 September 1991 you were convicted by general court-martial (GCM) of three specifications of wrongful use of cocaine, two specifications of breaking restriction, and 54 specifications of marking checks with the intent to defraud. You were sentenced to confinement for a year, reduction to paygrade E-1, forfeiture of all pay and allowances, and a bad conduct discharge (BCD). Two months of the confinement was suspended for a year.

Subsequently, the BCD was approved at all levels of review and on 3 November 1992 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your contention that your ability to serve was impaired by your drug abuse and the statement from the American Legion. Nevertheless, the Board concluded these factors and contention were not sufficient to warrant recharacterization of your discharge because of the serious nature of your repetitive 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

2