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NAVY | BCNR | CY2006 | 03379-06
Original file (03379-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

TJR
                                                                                          Docket No: 3379-06
                                                                                          1 November 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 1 November 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 8 April 1982 at age 18. You served without disciplinary incident until 9 December 1982, when you received nonjudicial punishment (NJP) for absence from your appointed place of duty. The punishment imposed was restriction and extra duty for 14 days and a $150 forfeiture of pay, all of which was suspended for six months. The suspended extra duty and restriction were vacated on 16 January 1983 because of your continued misconduct.
On 3 June and again on 6 July 1983 you received NJP for a seven day period of unauthorized absence (UA), breaking restriction, and wrongful possession and use of marijuana.
On 19 August 1983 you were notified of pending administrative separation action by reason of misconduct due to minor disciplinary infractions and drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 19 July 1983 your commanding officer recommended separation by reason of misconduct due to minor disciplinary infractions and drug abuse. Subsequently, the discharge authority approved this recommendation and directed an other than honorable discharge by reason of misconduct and on 17 August 1983 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 you were misled to believe that you would receive a general discharge. It also considered your assertion that you were not informed of an early out program at the time of your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct. Further, the Board noted that you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. Finally, there is no evidence in the record, and you submitted none, to support your assertions. 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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