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NAVY | BCNR | CY2002 | 09262-02
Original file (09262-02.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
          BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                               CRS
                                                                                          Docket No: 9262-02
                                                                                          28 February 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 12 February 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy on 20 April 1990 after more than seven years of prior active service in the Army and Navy. The record reflects that on 5 September 1990 you received nonjudicial punishment for use of cocaine on two occasions.

On 6 September 1990 the commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to drug abuse. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and on 5 October 1990 you were discharged with an other than honorable discharge.

In its review of your application the Board carefully weighed all potentially mitigating factorts, such as your prior service of more than seven years. However, the Board concluded that those factors were not sufficient to warrant recharacterization of your
         discharge, given your use of drugs. 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

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