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NAVY | BCNR | CY2005 | 09494-05
Original file (09494-05.rtf) Auto-classification: Denied

                                    DEPARTMENT OF THE NAVY
          BOARD FOR CORRECTION OF NAVAL RECORD
                            2 NAVY ANNEX
          WASHINGTON DC 2O37O~51OO

                                                      SJN
                                                      Docket No: 09494-05
                                            9 May 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 3 May 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 enlisted in the Navy on 3 June 1981 at age 19. During the period from 1 June 1983 to 19 December 1984 you received three nonjudicial punishments (NJP’s) for absence from your appointed place of duty, disobedience, failure to go to your appointed place of duty, and wrongful use of marijuana.
On 3 April 1985, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. You then waived your rights to consult counsel, submit a statement or have your ease heard by an administrative board.

On 5 April 1985, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct due to drug abuse. On 11 April 1985 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 18 April 1985 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 current desire to enhance your employment opportunities. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your three NJP’s, one of which was for drug use. 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 P FEIFFER
 Executive Director

























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