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NAVY | BCNR | CY2005 | 09505-05
Original file (09505-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
 2 NAVY ANNEX    
WASHINGTON DC 203705100



         SJN
                   Docket No: 09505-05
                  S 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 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 27 March 1980 at age 17. During the period from 25 April 1981 to 11 February 1982 you received three nonjudicial punishment’s (NJP’s) for three periods of unauthorized absence totaling about 116 days, possession of marijuana and breaking restriction. Additionally, you were counseled and warned that further misconduct could result in administrative separation.
On 17 February 1982 you were notified of pending administrative separation action by reason of misconduct due to frequent involvement of discreditable nature with military authorities. After being advised of your procedural rights, you waived the right to an administrative discharge board (ADB). The discharge authority then directed discharge under other than honorable conditions by reason of misconduct. You were so discharged on 26 March 1982.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge because of the three NJP’s, one of which was for drug possession and one of which was imposed after you were notified of the consequences of further misconduct. The Board also noted that you waived an ADB, your best chance for retention or a better characterization of service. 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



























2

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