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NAVY | BCNR | CY2005 | 00337-05
Original file (00337-05.doc) Auto-classification: Denied

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS

                                2 NAVY ANNEX
      WASHINGTON DC 20370-5100    CRS
            Docket No: 337-05
            20 October 2005









  This is in reference to your application for reconsideration 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 28 September
  2005. 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 1 May 1980. The record
  reflects that you received two nonjudicial punishments for use of
  marijuana.

  On 18 January 1984 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 you were discharged on 16 February 1984 with
  an other than honorable discharge.

  In its review of your application the Board carefully weighed all
  potentially mitigating factors, such as your youth, good post-service
  conduct, and the post-service diagnosis of schizoaffective disorder.
  However, the Board concluded that these factors were not sufficient to
  warrant recharacterization of your discharge, given your repeated use of
  drugs. In this regard, there is no evidence in the record, and you have











submitted none, to show that your mental problem became symptomatic during
your period of service or if it did, that it was severe enough to extenuate
or mitigate your misconduct to the extent that recharacterization would be
warranted. 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,

































                                      2

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