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NAVY | BCNR | CY2007 | 02520-07
Original file (02520-07.rtf) Auto-classification: Denied

         DEPARTMENT OF THE NAVY
          BOARD FOR CORRECT!ON OF NAVAL RECORDS
                                                                2 NAVY ANNEX                                                                                                                WASHINGTON DC
         

         SJN
 Docket No: 02520-07
1 November 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 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 material error or injustice.
You enlisted in the Navy on 27 December 1968 at age 19. You served without incident for over two years until 13 May 1971, when you were convicted by summary court-martial (SCM) of a brief period of unauthorized absence (nA) and missing ship’s movement. On 30 March 1972 you received nonjudicial punishment (NJP) for sleeping on post. On 6 June 1972 you were convicted by special court-martial (SPCM) of wrongful use and possession of hashish and heroin, and possession of marijuana and heroin. You were sentenced to confinement at hard labor, a forfeiture of pay, a reduction in pay grade, and a bad conduct discharge (BCD). On 13 February 1973 you received the BCD after appellate review was completed.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of NJP and convictions by SCM and SPCM for very serious offenses. 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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