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NAVY | BCNR | CY2006 | 07996-06
Original file (07996-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100



                                             SJN
                                    Docket No: 07996-06
 1 March 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 22 February 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 11 January 1980 at age 17. on 18 December 1980 you received nonjudicial punishment (NJP) for three instances of absence from your appointed place of duty, and possession of marijuana and a hash pipe. on 12 January 1981 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After being advised of your procedural rights, you waived the right to an administrative discharge board (ADB).
It appears that separation action was discontinued because on 29 May 1981 you received a second NJP for two specifications of disobedience, and you were warned that further misconduct could result in further separation action.
On 21 August and 15 December 1981 you received two additional NJP’s for disobedience and two specifications of possession of marijuana. On 12 January 1982 you were notified of pending administrative separation action by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. After being advised of your procedural rights, you
 waived the right to an ADB. On 13 and 22 January 1982 you received NJP for a brief unauthorized absence (UA), theft of government property and unlawfully breaking and entering the enlisted dinning galley.
On 2 February 1982 your commanding officer forwarded your case recommending discharge by reason of frequent involvement of discreditable nature with military authorities. The discharge authority then directed discharge under other than honorable conditions by reason of misconduct. You were so discharged on 10 March 1982.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, time in service, and the character letters accompanying your application. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge because of the six NJP’s, two of which involved drugs and two of which were imposed after you were warned about the consequences of further misconduct. The Board also noted that you waived an ADB, your best chance for retention or a better characterization of service. 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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