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NAVY | BCNR | CY2006 | 02515-06
Original file (02515-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100



                                             TJR
Docket No: 2515-06
13 October 2006









This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 October 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 Marine Corps on 7 January 1982 at age 17. You served without disciplinary incident until 17 December 1982, when you received nonjudicial punishment (NJP) for wrongful use of marijuana and were awarded a reduction to paygrade E-l.
Your record contains an administrative remarks entry dated 24 June 1984 which states that you admitted yourself in a Navy drug rehabilitation center, but failed to complete the program. As a result, you were recommended for an administrative separation due to your potential for further drug abuse, and on 10 August 1984 you were returned to duty.
On 20 September 1984 you were notified of pending administrative separation action by reason of drug abuse rehabilitation failure.
 At that time you waived your right to consult with legal counsel and to submit a statement in rebuttal to the separation. On 24 September 1984 your commanding officer recommended a general discharge by reason of drug abuse rehabilitation failure. On 5 October 1984 the discharge authority approved this recommendation and directed a general discharge, and on 19 October 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 assertion that because you went through the proper channels and sought help for your substance abuse, you believe a new decision should be made regarding the characterization of your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your drug related misconduct, which resulted in NJP, and failure to complete a drug abuse rehabilitation program. 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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