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NAVY | BCNR | CY2006 | 02757-06
Original file (02757-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100         TJR
 Docket No: 2757-06
16 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-rnember panel of the Boa d for Correction of Naval Records, sitting in executive session, considered your application on 11 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 round the evidence submitted was insufficient to establish the existence of probable material error o in j u t ice
You reenlisted in the Marine Corps on 21 February 1981 after three years of prior honorable service. You continued to serve without disciplinary incident until 28 October 1982, when you received nonjudicial punishment (NJP) for wrongful possession and use of marijuana. The punishment imposed was a reduction to paygrade E-3, restriction for 60 days, and a $750 forfeiture of pay.
On 31 August 1983 you received NJP for wrongful use of marijuana and were awarded reduction to paygrade E-2, extra duty for 30 days, and a $622 forfeiture of pay, which was suspended for two months.
Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you elected to present your case to an administrative discharge board (ADB). On 16 January 1984 an ADB recommended separation under other than honorable conditions by reason of misconduct due to drug abuse. On 24 January 1984 your commanding officer also recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 27 January 1984 the discharge authority approved these recommendations and directed an other than honorable discharge, and on 2 February 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 period of good service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive drug related misconduct. 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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