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NAVY | BCNR | CY2008 | 00263-08
Original file (00263-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 00263-08
13 August 2008

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 13 August 2008. your allegations of error and
injustice were reviewed in accordance with administrative

your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.

to establish the existence of probable material error or
injustice.

You enlisted in the Marine Corps in March 1984 and served without
disciplinary incident until April 1985, when you received a
court-martial for unauthorized absence (UA) for approximately
four months.

Shortly thereafter, in August 1985, you received a nonjudicial
punishment (NUP) for drug usage.

On 12 August 1985, you were notified of your processing for

administrative separation due to misconduct - drug abuse. You
were advised of your rights and elected not to consult with
counsel. You were recommended for discharge under other than

honorable conditions. In September 1985, the discharge authority
approved these recommendations and directed a discharge under
other than honorable conditions, and on 3 September 1985, 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, post service conduct, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant re-characterization of your discharge
because of the seriousness of your misconduct. Accordingly, your
application has been denied.

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

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 PFEIFR
Executive Di

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