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NAVY | BCNR | CY2007 | 03835-07
Original file (03835-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO
         TJR
                                                                                          Docket No: 3835-07
                                                                                          28 February 2008








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 27 February 2008. 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 Marine Corps on 26 July 1974 at age 18. About seven months later, on 13 February 1975, you received nonjudicial punishment (NJP) for a 14 day period of unauthorized absence (UA). The punishment imposed was extra duty and restriction for 30 days and a $172 forfeiture of pay. On 27 February 1975, after being diagnosed as drug dependent, you were approved to participate in drug abuse rehabilitation.
Subsequently, you were processed for an administrative separation by reason of unfitness due to drug abuse. The discharge authority directed separation under honorable conditions by reason of unfitness and on 27 May 1975 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 the passage of time. 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, no discharge is automatically upgraded due solely to the passage of time. 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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