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NAVY | BCNR | CY2007 | 05242-07
Original file (05242-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100







                           TRG
Docket No: 5242-07
18 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 6 August 1980 for four years at age
 19.      During your first four years of service, you received a nonjudicial punishment (NJP) for failing to report an offense. Your four year enlistment expired on 5 August 1984 at that time, you were eligible for an honorable characterization of service.
However, on 6 August 1984, a 25 month extension became effective. On 30 April and 9 December 1985, you received NJP’s for use of marijuana. The punishment at each NJP included restriction, forfeitures of pay and a reduction in rate.
On 13 December 1985, you were notified of discharge processing by reason of misconduct due to drug abuse. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed a discharge under other than honorable conditions and you were so discharged on 24 January
1986.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your period of honorable service and desire for a better discharge. The Board found that these factors were not sufficient to warrant recharacterization
 of your discharge given your repeated instances of drug abuse. The Board concluded that the discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans’ benefits based on your satisfactory completion of your initial four year period of service. Therefore, if you have been denied benefits, you should appeal that denial under procedures established by the Department of Veterans Affairs.
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 PFIEFFER
          Executive Director





















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