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NAVY | BCNR | CY2009 | 10558-09
Original file (10558-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

REC
Docket No: 10558-09

9 July 2010

   
  

application f£ 2 you ;
provisions of title 10 of the Unitea

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Records, ae ec 3 S$ 1'Or)
Sa A ccetcliome Ter ON Your all
application on 8 July 2010. ‘four als ; istrati
re J 4 = -qdance 1 T
| €4 ere reviewe mn accoraance 1 S
injustice were reviewec if cal a nner 2 ass
culations and procedures applicable to the proceedings of a
requlati 5 I iG eaures PE one a ee oe ee ke
Board Documentary material considered by the Boara cons iste oF
Nae! CA ob A Ne —— oe . : . 5 ' . te in support
four application, together with all aN da _ suppor
your appli (a a ease 7 regulations,
thereof, your naval record, and app g
and pol

I a
& ard watch at On = J 1 os
e d NgP for two instances of failing to go to your appointed

received NuI r two stanc : a oe

mlace of duty, and wrongful use of ma juana. ao 18 Septem

- , otor C +r a

1983, you received NIP for operating a motorcycie ee =

sarety rd, and breaking restriction. On 9 a 19:83

safety card, and breaking Test ion. On 9 September ove

administrative separation action was initiated by reason 0 am

7 a eine ; 74° a Vado 4 os

misconduct for drug abuse You waived your rights to consult
iL SCor#n C £ rug DUSe .

counsel, submit a statement or have your case heard by an

pe o - = 5s \ y wes : sen rl man

adm: istrative discharge board (ADB). Your commanding ertieer

el 1NIsbBllalsave ol ea - a

forws se ine recommendat ion that you be oh SSS d under other
arde , recomme 5 |
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of three NUP's for
misconduct and drug abuse. The Board noted that you waived your
rights to an ADB, your best opportunity for retention or a more
favorable characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.

The Board noted that you may be eligible for benefits with the
Department of Veterans Affairs (DVA) based on your first peried
of honorable service. You may wish to contact your local CLiice
of the DVA for a determination.

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,

LoSuees

W. DEAN PFRAF
Executive Dikrertor

\

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