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NAVY | BCNR | CY2009 | 02929-09
Original file (02929-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVY ANNEX
- WASHINGTON DCG 20370-5100

 

TAL
Docket No: 02929-09
8 January 2010

 

‘

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, gitting in executive session, considered your
application on 16 December 2009. Your allegations of error and

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.

in -the:Navy. and began a period of active duty on 21
at the age 18. On 27 September 1983, you received
nonjudicial punishment (NJP) for assault. On 6 December 1984, you
received NIP for failure to obey a lawful order and assault. Oni
August 1985, you received NUP for wrongful use of a controlled
substance. Based on the information currently contained in your
record it appears that you were subsequently involuntarily
processed for administrative separation under other than honorable
eonditions (OTH) due to misconduct. In connection with this
processing, you would have acknowledged the separation action and
the separation authority would have approved a recommendation for
separation. On 6 December 1985, the separation authority directed
an OTH discharge by reason of misconduct due to drug abuse, use.

  

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your 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,

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