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NAVY | BCNR | CY2006 | 03396-06
Original file (03396-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: .3396-06
7 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 7 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 Navy on 10 July 1979 at age 17. You served without disciplinary incident until 19 August 1980, when you received nonjudicial punishment (NJP) for wrongful possession of a pass and were awarded a $100 forfeiture of pay, extra duty for 15 days, and an oral reprimand. The extra duty was suspended for six months. About four months later, on 23 December 1980, you received NJP for wrongful possession and use of marijuana. The punishment imposed was a $500 forfeiture of pay, extra duty for 20 days, and an oral reprimand.
On 9 July 1983 you received your third NJP for two specifications of assault, disorderly conduct, communicating a threat, •and wrongful possession of marijuana. The punishment imposed was restriction and extra duty for 30 days, a $600 forfeiture of pay, and reduction to paygrade E-3.
                  
On 14 June 1983 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct 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 23 June 1983 your commanding officer recommended a discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and drug abuse. On 7 July 1983 the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 19 July 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 told that your discharge would be automatically upgraded six months after your separation. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterizatjon of your discharge because of the seriousness of your repetitive misconduct which resulted in three NJPs and included drug abuse. 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, no discharge is automatically upgraded due solely to the passage of time. 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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