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NAVY | BCNR | CY2006 | 11050-06
Original file (11050-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                  TJR
                                                                                 Docket No: 11050-06
                                                                                          25 October 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 24 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 the evidence submitted was insufficient to establish the existence of probable ]e material error or injustice.
You enlisted in the Navy on 13 December 1989 at age 19 and served without disciplinary incident until 30 September 1992, when you received nonjudicial punishment (NJP) for wrongful distribution of controlled substances. The punishment imposed was a $882 forfeiture of pay, restriction and extra duty for 45 days, and reduction to paygrade E-1.
On 5 October 1992 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel you elected to present your case to an administrative discharge board (ADB). However, on 16 November 1992, you withdrew your election, declined rehabilitation, and requested immediate separation from the Navy. As a result, your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Subsequently, the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 12 January 1993 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, period of satisfactory service, and assertion that neither you nor the Navy know why you were discharged. It also considered your assertion of being heavily sedated on medication following a severe head trauma accident which left you comatose. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct. Finally, there is no evidence in the record, and you have submitted none, to support your assertions. 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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