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NAVY | BCNR | CY2006 | 05066-06
Original file (05066-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                             TRG
         D ocket No: 5066-06
        26 October 2007


This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the 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 23 October 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Naval Reserve on 29 May 1986 at age 18 and reported for extended active duty on 14 July 1986. On 1 June 1988, you were convicted by a special court-martial of use and distribution of drugs. The court sentenced you to forfeiture of $339 pay per month for three months, confinement at hard labor for three month and a bad conduct discharge. After completion of appellate review, the bad conduct discharge was issued on 19 May
1989.
In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your youth, claims of a good post service adjustment and that you were mentally ill while in the service. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given the severity of the offenses of which you were convicted by a special court-martial. Your record indicates that you were diagnosed with a personality disorder with passive aggressive traits. However, there is nothing in the record to show that you were not responsible for your actions or were incompetent to stand trial for your offenses. The Board concluded that the discharge was proper as issued and no change is warranted.

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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