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NAVY | BCNR | CY2007 | 05542-07
Original file (05542-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 05542-07
24 March 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 18 March 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 30 July 1984 at age 22. During the period from 28 June 1985 to 10 March 1988 you received four nonjudicial punishments (NJP’s) for five instances of unauthorized absence (UA), insubordinate conduct, making a false official statement, wrongful use of marijuana, and disobedience. You were also counseled and warned that further misconduct could result in administrative discharge action.
On 24 October 1988, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB).
On 22 November 1988, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct due to drug abuse. During the period from 16 December 1988 to 13 January 1989, you had three
                   additional periods of UA totaling about 17 days. On 5 January
                   1989, the discharge authority directed an other than honorable
                   discharge by reason of misconduct due to drug abuse. On
                   17 January 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, overall record of service, and belief that you were not properly treated for your medical issues which, you state, lead to your drug addiction. Nevertheless, the Board concluded these factors and contention were not sufficient to warrant recharacterization of your discharge because of your misconduct that resulted in four NJP’s, one of which was for drug use. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. In regard to your contention, in November 1988, the record states a drug evaluation was conducted and found that you were psychologically dependent on drugs and alcohol. The report further recommended that you be separated from the service via the Veterans Administration hospital for treatment. 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, whefl 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 PF EIFFER
Executive Director

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