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NAVY | BCNR | CY2006 | 04907-06
Original file (04907-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4907-06
11 January 2007





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 9 January 2007. 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 18 December 1981 at age 18. You served without disciplinary incident until 9 September 1983, when you received nonjudicial punishment (NJP) for wrongful, use of marijuana and were awarded restriction for 14 days, reduction to paygrade E-1, and detention of $250 pay.
During the period from 6 September to 28 October 1985 you received NJP on three more occasions for three periods of failure to go to your appointed place of duty. On 12 November, 1985 you’ received NJP for wrongful use of marijuana and were awarded restriction for 14 days and reduction to paygrade E-1.
On 28 November 1985 you were notified of pending administrative separation action by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.
 At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 7 December 1985 your commanding officer recommended discharge by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. On 11 December 1985 the discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct, and on 17 December 1985 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 post service conduct. It also considered your assertion that you were not properly discharged by the appropriate authority. 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 which resulted in five NJPs. The Board noted that you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. Further, no discharge is automatically upgraded due to an individual’s good behavior after discharge. Finally, the Board noted that the record contains documented evidence which is contrary to your assertion that you were improperly discharged by inappropriate authority. 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,


ROBERT D. SALMAN
Acting Executive Director





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