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NAVY | BCNR | CY2002 | 09807-02
Original file (09807-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

B O A R D   FOR  C O R R E C T I O N   O F N A V A L   R E C O R D S  

2  NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

CRS 
Dock t No:  9807-02 
2 Mae 2003 

This is in reference to your application for corr, 
naval record pursuant to the provisions of title 
States Code section 1552. 

zction of your 
LO  of the United 

A three-member panel of the Board for Correction 1)f  Naval 
Records, sitting in executive session, considered your 
application on 30 April 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 Bocird  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 12 January 1971. 
The record reflects that you received four nonjudicial 
punishments.  Your offenses included an unauthorized absence of 
one day, a b s c ~ l c z  f i - o m   your a p p u i r l t u d   place of duty on two 
occasions, failure to obey a lawful order, and possession of 
marijuana and heroin. 

On 29 November 1972 the commanding officer recommended that you 
be separated with a general discharge by  reason of unfitness due 
to drug abuse.  When informed of this recommendation, you elected 
to waive the right to submit a statement in response to the 
discharge action.  Subsequently, you received a fjfth nonjudicial 
punishment for unauthoried absences totalling 14 clays.  After 
review by the discharge authority, the recommendation for 
separation was modified and on 11 January 1973 you received a 
general discharge by reason of unfitness due to substandard 
personal behavior. 

In i t s  r e v i e ? :   of yaur  a p p 1 i ~ : d ~ i o n  ~ l l c  BLJL~LLI cdrefully werghed  a l l  

potentially mitigating factors, such as your yout.3 and, 
immaturity.  However, the Board concluded that these factors were 
not sufficient to warrant recharacterization of your discharge, 
because of your extensive disciplinary record.  Therefore, the 
Board concluded that no change to the discharge is warranted. 
Accordingly, your application has been denied.  'She names and 
votes of the members of the panel will be furnished upon request. 

It is regretted that the circumstances of your Cilse 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. 
I n   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 



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