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NAVY | BCNR | CY2008 | 06241-08
Original file (06241-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

 

WASHINGTON DC 20370-5100 Sell
Docket No: 06241-08
1 May 2009

 

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 28 April ‘2009. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

You reenlisted in the Navy Reserve on 29 September 1990 after
three years of honorable service. Based on the information
currently contained in your record it appears that on 20 March
1992, administrative discharge action was initiated by reason of
misconduct due to drug abuse. You elected to consult with legal

counsel and subsequently requested an administrative discharge
board (ADB).

On 22 May 1992, an ADB unanimously found that you had committed
misconduct due to drug abuse, and recommended discharge under
other than honorable conditions. On 10 June 1992, your
commanding officer concurred with the ADB and forwarded your case
to the discharge authority for review. On 8 July 1992, the
discharge authority directed an other than honorable discharge by
reason of misconduct due to drug abuse. On 17 July 1992 you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and last period of service.
Nevertheless, the Board concluded these, factors were not
sufficient to warrant recharacterization of your discharge
because of drug use that resulted in you being administratively
separated from the Navy Reserve. 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,

os

Wee DEAN PFEIFRE
Executive Di t

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