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NAVY | BCNR | CY2007 | 05289-07
Original file (05289-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

CRS
Docket No: 5289-07

1 February 2008

 

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 16 January 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 that the evidence submitted was
insufficient to establish the existence of probable material

error or injustice.

The Board found that you enlisted in the Navy on 21 September
1989. You received nonjudicial punishments on two occasions,

the use of marijuana and desertion.

for

On 28 March 1991 an administrative discharge board (ADB)
recommended that you be separated from the Navy with a discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. After review by the discharge authority, the
recommendation for separation was approved and on 4 October 1991
you were separated with a discharge under other than honorable

conditions.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the positive evaluations
you received during periods before and after the ADB convened,
and the unsubstantiated contention that members of the ADB were
not impartial, but concluded that those factors were insufficient

to demonstrate that you were improperly discharged, or to warrant

recharacterization of your service. Accordingly, your
application has been denied. The names and votes of the members

of the panel will be furnished upon request.
Your request for correction of your DD Form to show that you
received the Kuwait Liberation Medal is administrative in nature
and should be directed to the Navy Personnel Command, Attn: Pers
313E, Room 5409, 9700 Page Blvd., St. Louis, MO 63132.

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,

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