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NAVY | BCNR | CY2008 | 00108-08
Original file (00108-08.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



RDZ : ecb
Docket No. 00108-08
20 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 18 March 1982 at age 20. Between November of 1983 and July of 1985 you received four non-judicial punishments (NJP) and one summary court-martial. Your offenses were bringing alcohol aboard ship, use of marijuana and six instances of authorized absence totaling over 16 days. When you were notified that you would be processed for administrative separation based on your disciplinary record you waived your right to a hearing before an administrative discharge. Consequently you received an other than honorable (0TH) discharge on 29 August 1985.

In view of your repeated acts of misconduct which occurred after you were warned on numerous occasions that you could be administratively separated with an 0TH discharge the Board concluded that was no basis in law or equity to upgrade your discharge.

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 Di rector

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