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NAVY | BCNR | CY2005 | 04489-05
Original file (04489-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100



                                             TJR
Docket No: 4489-05
 9 March 2006




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 7 March 2006. 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 19 December 1984 after four years of prior honorable service. You continued to serve without disciplinary incident until 3 July 1985, when you received nonjudicial punishment (NJP) for wrongful use of marijuana. The punishment imposed was restrictIon and extra duty for 14 days, a $100 forfeiture of pay, and reduction to paygrade E—3.
On 5 March 1987 you received NJP for wrongful use of marijuana and were awarded restriction and extra duty for 30 days, a $738 forfeiture of pay, and reduction to paygrade E-2.
Subsequently, on 16 March 1987, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 2 April 1987 your commanding officer recommended separation under other than honorable conditions by
 reason of misconduct due to drug abuse. On 18 May 1987 the discharge authority approved this recommendation and directed an other than honorable discharge, and you were so discharged on 19 May 1987.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive drug related misconduct which resulted in two NJP5. 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
















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