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NAVY | BCNR | CY2005 | 02566-05
Original file (02566-05.doc) Auto-classification: Denied



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


                                                         SM~A1
                                                         Docket No: 2566-05
                                                         5 October 2005







      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 5
      October 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 the evidence submitted was insufficient to establish
      the existence of probable material error or injustice.

      You reenlisted in the Navy on 24 February 1982 at age 26 after more
      than three years of prior service. You then served without incident
      for over 11 months, but during- the period from 4 February to 26
      April 1983 you received two nonjudicial punishments (NJP’s) for
      possession of drug paraphernalia, two instances each of possession of
      marijuana and use of marijuana. On 29 April 1983 a drug evaluation
      determined that you were not drug dependent but had minimum potential
      for further service. On 6 May 1983 you were warned that further
      deficiencies in your performance or conduct could result in
      administrative separation or disciplinary action. On 8 June 1983
      another urinalysis tested positive for marijuana.

      Based on the foregoing record, on 18 June 1983 the commanding officer
      initiated separation action by reason of misconduct due to drug
      abuse. In connection with this processing, you elected to waive the
      right to have your case heard by an administrative discharge board
      (ADB). On 20 June 1983 you received another NJP for possession and
      use of marijuana, based on the positive











urinalysis of 8 June 1983. On 6 July 1983 the discharge authority approved
the recommendation of your commanding officer for an other than honorable
discharge by
reason of misconduct due to drug abuse. You were so discharged on 11 July
1983.

The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth, and your
desire for a better discharge. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your discharge
given your repetitive drug-related misconduct, some of which occurred after
you were warned of the consequences of further misconduct. The Board also
noted that you waived the right to an ADB, your best opportunity for
retention or a more favorable characterization of service. The Board was
also aware of the drug-related misconduct during your first enlistment.
Therefore, the Board concluded that the discharge was proper as issued and
no change is 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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