DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
FC
Docket No: 02511-03
29 August 2003
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 27
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
Your allegations of error and
August2003.
_ support thereof, your naval record and applicable statutes,
~regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
paygrade E-4 and the award of the Navy and
You served well for most of your enlistment as evidenced
The Board found that you enlisted in the Navy on 17 July 1991 at
age 17.
by your promotion to
Marine Corps Achievement Medal.
Navy drug laboratory advised your commanding officer that you had
'On 31
tested positive for marijuana on a random urinalysis test.
March 1995, you received nonjudicial punishment
marijuana and were awarded a reduction to
restriction, and extra duty.
However, on 29 March 1995, a
(NJP) for use of
paygrade E-3,
On 17 April 1995, you were notified of administrative separation
processing and you elected to appear before an administrative
On 30 May 1995, The ADB found that you
discharge board
had committed misconduct due to drug abuse, and recommended a
general discharge.
concurred with the findings of the ADB.
On 12 July 1995, the commanding officer
On 13 July 1995, the
(ABB).
separation authority directed
misconduct due to drug abuse.
discharged.
a general discharge by reason of
On 14 July 1995, you were so
However, the Board found that these
the Board carefully weighed all
In its review of your case,
potentially mitigating factors such as your youth and
immaturity, your excellent record prior to the NJP, and your
post service employment.
factors were not sufficient to warrant a change in the
characterization of service due to your use of drugs that
resulted in an NJP and your separation processing.
most individuals separated by reason of misconduct are
discharged under other than honorable conditions.
you were fortunate to have received a general discharge.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
Further,
Therefore,
The names and
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
In this regard, it is important to keep in mind that
the Board.
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.
You are entitled to have
Sincerely,
Executive D
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