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NAVY | BCNR | CY2006 | 07080-06
Original file (07080-06.rtf) Auto-classification: Denied
DEPARTMENT OFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-F 100       



                  CRS
 Docket No: 7080-06
18 January 2008


This is in reference to your application for correction of your
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 2008. 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.
The Board found that you enlisted in the Navy Reserve on 25 January 1978. You received two nonjudicial punishments and were convicted by a summary court-martial. Your offenses included the possession, transfer and sale of marijuana; unauthorized absence; and disobedience of the lawful commands of a superior Commissioned officer.
On 1 October 1979 your commanding officer recommended that you be separated from the Navy with a discharge under other than honorable conditions by reason of misconduct due to drug abuse. After being informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. Thereafter, you received nonjudicial punishment for possession of hashish. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 29 November 1979 with a discharge under other than honorable conditions.


In its review of your application, the Board carefully considered your contentions that you were schizophrenic, and that you did not receive proper treatment for that condition. The Board could not find any evidence in the available records or your application which corroborates those contentions. Accordingly, and as you have not demonstrated that it would be in the interest of justice for the Board to upgrade your discharge, your application has been denied. The names and votes 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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