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NAVY | BCNR | CY2006 | 07794-06
Original file (07794-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SMW
 Docket No: 7794-06
11 January 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 10 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.
The Board found you enlisted in the Navy on 2 March 1983 at age 18.      You then served satisfactorily for more than a year, but on 7 July 1984 you began a period of unauthorized absence (UA) that ended on 1 August 1984, a period of about 25 days. On 9 August 1984 you received nonjudicial punishment (NJP) for this offense. on 8 November 1984 you were counseled regarding deficiencies in your performance and conduct, and warned that further infractions could result in disciplinary action or administrative separation. On 20 November 1984 you received an evaluation from an’ alcohol and substance abuse center. On 14 December 1984 you were placed on antabuse and took antabuse until 11 May 1985.
On 18 May 1985 you departed on a UA that lasted until your apprehension on 1 December 1989, a period of about 54 months. On 10 January 1990 you were convicted by special court-martial of this UA and use of marijuana. The court sentenced you to a reduction in rank, forfeitures of pay, confinement and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 6 September 1990 you were so discharged.
The Board, in its review of your entire record, carefully considered all mitigating factors, such as your youth and desire for a better discharge. The Board also considered your contention that you requested drug and alcohol rehabilitation several times before you were evaluated. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct, specifically, the very lengthy period of UA. Regarding your contention, there is no evidence in the record to show that you were ever denied substance abuse treatment. In fact, the record shows that you were evaluated for substance abuse and received treatment before the period of UA that resulted in your conviction and punitive discharge. 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 Z SALMAN
 Acting Executive Director

















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