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NAVY | BCNR | CY2009 | 05287-09
Original file (05287-09.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00
BAN
 Docket No: 05287-09
 21 April 2010

MR GERALD WHITE
6056 YALE COURT
MORROW GA 30260


Dear Mr. White:

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 14 April 2010. 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 enlisted in the Navy on 25 November 1983, and served without disciplinary incident until December 1985, when you received nonjudicial punishment (NJP) for disrespect toward a petty officer. Furthermore, over the next two years you received two other NJP’s and a special court-martial for use of an illegal substance (marijuana) , disrespect toward a commissioned officer, and an unauthorized absence in excess of 255 days. As a result, you were then recommended for separation with an other than honorable (0TH) discharge due to drug abuse. Because you waived your procedural right to an administrative discharge board (ADB), the separation authority approved the request and on 22 November 1988, you
w ere separated with an 0TH discharge and an RE-4 reenlistment code.
 The Board, in its review of your entire record and application,
 carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. The Board also found you waived your right to an ADB, your best opportunity for retention or a better characterization of service. 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 Pfeiffer
         Executive Director

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