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NAVY | BCNR | CY2005 | 07756-05
Original file (07756-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
                                                                                          Docket No: 07756-05
                                                                                         3 March 2006



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 1 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 enlisted in the Navy on 29 May 1981 at age 24. During the period from 10 November 1982 to 19 October 1983 you received three nonjudicial punishments (NJP’s) for leaving your appointed place of duty, a brief period of UA, drinking on duty, and two instances of possession and use of marijuana.
On 30 October 1983, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. You then elected to retain all of your rights. Subsequently, on 5 January 1984 an ADB found that you had committed misconduct due to drug abuse and recommended discharge under other than honorable conditions. Your commanding officer (CO) concurred with the ADB and forwarded your case to the discharge authority for review. On 27 February 1984 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 14 March 1984 you were so discharged.



The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and contention that you were not in possession of any drug. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your three NJP’s, two of which were for drug use. Concerning your contention, there is no evidence in the record to support it, and you submitted no such evidence. 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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