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NAVY | BCNR | CY2007 | 10370-07
Original file (10370-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2        NAVY A NNEX
WASHINGTON DC 20370-5100




                                    TRG
 Docket No: 10370-07
 17 December 2 007







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 sessions , 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 26 April 1989 at age 28. On 26 February 1992 you received nonjudicial punishment (NJP) for 92 days of unauthorized absence and three specifications of use of cocaine. The punishment imposed included restriction, forfeitures of pay and a reduction in rate.
On 12 April 1992 you were notified of discharge processing by reason of misconduct due to your commission of a serious offense and drug abuse. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. Subsequently, you received another NJP for three short periods of unauthorized absence. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 10 December 1992.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your period of good service and belief that your discharge would be automatically upgraded after six months. The Board found that these factors and contentions were not sufficient to warrant recharacterjzation of your discharge given your lengthy period of unauthorized absence and drug abuse. There is nothing in federal law or Navy regulations which would require recharacterization of a discharge based solely on the passage of a period of time. Therefore, there is no basis for recharacterization of your discharge for that reason. 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 PFIEFFER
          Executive Director

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