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NAVY | BCNR | CY2007 | 04610-07
Original file (04610-07.rtf) Auto-classification: Denied
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                   2 NAVY ANNEX
                  WASHINGTON DC 20370-5100


         TJR
 Docket No: 4610-07
2 April 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 1 April 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 Navy on 24 June 1999 at age 24. You served without disciplinary incident until 13 March 2002, when you received nonjudicial punishment (NJP) for wrongful use of marijuana. The punishment imposed was restriction and extra duty for 30 days and forfeiture of pay for a month.
On 14 June 2002 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB) On 2 July 2002 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 11 July 2002 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 17 July 2005 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 character reference letters. It also considered your desire to have your discharge upgraded and your narrative reason for separation changed. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of the narrative reason for separation because of the seriousness of your drug related misconduct. You were given an opportunity to defend yourself and possibly obtain a better characterization of service, but failed to do so when you waived your procedural rights. 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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