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NAVY | BCNR | CY2007 | 03496-07
Original file (03496-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                    SJN
                                                                                          Docket No: 03496-07
                                                                                          26 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 12 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 13 September 1985 at age 19. During the period from 26 November 1986 to 18 January 1989 you received three nonjudicial punishments (NJP’s) for sleeping on watch, disorderly conduct, failure to go to your appointed place of duty, and wrongful use of cocaine.
On 20 January 1989, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct and drug abuse. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). On 16 February 1989, you received a fourth NJP for absence from your appointed place of duty, and disobedience.
On 6 March 1989 an ADB unanimously found that you had committed misconduct due to a pattern of misconduct and drug abuse, and recommended discharge under other than honorable conditions. Subsequently, your commanding officer concurred with the ADB and forwarded your case to the discharge authority for review.


On 14 April 198-9 the discharge authority directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 21 April 1989 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 and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterizatjon of your discharge given your record of misconduct which included drug use and four NJP’s, two of which were imposed after you were counseled and warned of the consequences of further misconduct. 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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