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NAVY | BCNR | CY2005 | 07524-05
Original file (07524-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX    
                  WASHINGTON DC 2037O-5100




                                                               CRS
         Docket No: 7524-05
         26 February 2007





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 7 February 2007. 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 Reserve on 28 August 1981 and reported for active duty on 28 December 1981. The record reflects that you received two nonjudicial punishments, on 12 January 1983 and 23 August 1984, and were convicted by special court-martial on 10 September 1984. The offenses included unauthorized absences totaling 56 days, absence from your appointed place of duty, incapacitated for duty, and use of marijuana on two occasions.
On 28 September 2004 your commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to drug abuse and commission of a serious offense. 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 5 November 1984 with an other than honorable discharge by reason of misconduct due to drug abuse.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your period of unblemished service and the contention that you were to receive a general discharge. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given your repetitive use of drugs and the three disciplinary actions. Based on the foregoing, the Board concluded that no change to the discharge 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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