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NAVY | BCNR | CY2005 | 07548-05
Original file (07548-05.rtf) Auto-classification: Denied

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


 TRG
 Docket No:       7548-05
 19 January 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 17 January 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.
You enlisted in the Navy on 25 March 1973 at age 17 and served without incident for more than two years. Unfortunately during the period from 23 October 1975 to 9 November 1976 you received nonjudicial punishment on three occasions. Your offenses were possession of marijuana, seven periods of unauthorized absence totaling about 21 days, missing ship’s movement, disrespect and dereliction of duty.
Although the discharge processing documentation is not filed in your service record, it is clear that you were processed for an. administrative discharge by reason of misconduct. After review, the discharge authority directed a general discharge and you were so discharged on 8 December 1976.
In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your youth, limited education and your contention that your psychological condition contributed to your problems while in the Navy. The Board found that the facts of your case and contentions were not sufficient to warrant recharacterization of your discharge due to your
 extensive record of misconduct. There is no evidence in your records, and you have submitted none, to support your contention that you had psychological problems while in the Navy. The Board believed that you were fortunate to have received a general discharge since a discharge under other than honorable conditions was authorized. The Board concluded that your 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,
ROBERT D Z SALMAN
 Acting Executive Director
























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