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NAVY | BCNR | CY2007 | 09441-07
Original file (09441-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                     BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                              WASHINGTON DC 2O37O~51OO




                                                                                 TRG
          Docket No: 9441-07
        4 June 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-me mbe r panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 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.
You enlisted in the Marine Corps at age 18. During the period from 24 Septem b er 1984 to 12 March 1985, you received nonjudicial punishment (NJP) on three occasions and were convicted by a summary court-martial. Your offense were three periods of unauthorized absence totaling about seven days, two absences from restricted muster and wrongful use of marijuana. After the third NJP you were counseled and warned that further misconduct could lead to discharge under other than honorable conditions. Less than two months later, you were convicted by the summary court-martial.
Based on the foregoing record, you were processed for an administrative discharge due to a pattern of misconduct. 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 discharge under other than honorable conditions and you were so discharged on 12 June 1985.
In its review of your application the Board carefully weighed all Potentially mitigating factors, such as your period of good service and your contention that your misconduct was caused by alcoholism The Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge given the frequency of your misconduct. The Board noted that alcohol abuse is not an excuse for misconduct and that disciplinary action is appropriate following alcohol related misconduct. 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.
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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