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NAVY | BCNR | CY2007 | 03395-07
Original file (03395-07.rtf) Auto-classification: Denied

        

                                             SJN
                                              Docket No: 03395-07
20 December 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 11 December 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 24 October 1988 at age 23. On
30 September 1975, as a result of a background investigation, it was discovered that you failed to disclose all of your pre—servjce drug use. As a result of your failure to disclose this information, your commanding officer initiated administrative discharge action by reason of misconduct due to fraudulent entry as evidenced by your deliberate concealment of drug use. Although you objected to the separation, you were discharged with an entry level separation by reason of fraudulent entry due to pre—service drug abuse. You were so discharged on 16 February 1989.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and contention that your recruiter instructed you not to reveal all of your pre-servjce drug use. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterjzatjon or changing the reason for your discharge given the fact that the record shows you failed to disclose all
 of your pre-service drug use. Concerning your contention, there is no evidence in the record to support it, and you submitted no such evidence. 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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