DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1143-07
12 May 2008
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 16 April 2008. 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 that the evidence submitted was
insufficient to establish the existence. of probable material
error or injustice.
The Board found that you enlisted in the Navy on 30 September
1997. On 28 October 1998 you received nonjudicial punishment
(NUP) for underage drinking and making a false official
statement. On 29 August 2002 you received NJP for wrongful use
of Ecstasy, an illegal drug, between 16 July and 16 August 2002.
The punishment consisted of forfeiture of one-half pay per month
for two months, restriction and extra duty for 45 days, and
reduction in rank.
than honorable conditions by reason of misconduct due to drug
abuse. After review by the discharge authority, the
recommendation for separation was approved and on 6 December 2002
you received a discharge under other than honorable conditions.
The Board did not accept your uncorroborated contention to the
effect that you did not use illegal drugs. The Board concluded
that your commanding officer was in the best position to resolve
the factual issues in your case, and that he acted reasonably
when he determined that you had used Ecstasy, as did the members
of your ADB. 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,
Red Af
ROBERT D. ZSALMAN
Acting Executive Director
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