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NAVY | BCNR | CY2007 | 09536-07
Original file (09536-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

RDZ:ecbh
Docket No. 09536-07
11 August 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 5 August 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 Navy on 2 April 1990 at age 23. Two days
later you received a retention warning when Navy authorities
discovered that you failed to disclose the fact that you had
used cocaine before enlisting. On 5 June 1990 you received
nonjudicial punishment (NJP) for being absent from your
appointed place of duty and destruction of your recruit card.
You received your second NJP on 14 August 1991 for dereliction
of duty and unlawfully drinking alcohol while on duty. Less
than a month later, while receiving level III treatment for
alcohol abuse, you tested positive for cocaine and were dropped
from the program. On 11 September 1991 you received your final
NJP for unauthorized absence and using cocaine.

Based on your disciplinary record your commanding officer
recommended that you be separated under other than conditions
(OTH). When you were informed of this recommendation you waived
your right to a hearing where you would be represented by a
military lawyer and agreed to accept an OTH discharge. You were
so discharged on 18 October 1991.

The Board concluded that in view of the frequency of your
misconduct and having committed the serious offense of illegal
drug usage you were properly separated with an OTH discharge and
it should not be changed now as a matter of clemency. The Board

also concluded that narrative reason for your discharge is
accurate and the assignment of an RE-4 reenlistment code was

properly assigned because you were separated for misconduct.

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,

Isang

W. DEAN PFEIRFE
Executive Direct

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