DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5100
CRS
Docket No: 1364-07
2 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 al] material submitted in support
thereof, your naval record and applicable Statutes, regulations
and policies.
years of prior active service. On 21 July
2006 you received nonjudicial punishment for wrongful use of
The punishment imposed consisted of forfeiture of
$504 per month for two months, reduction in rank to AO3, and
extra duty for 45 days. On 18 August 2006 an administrative
discharge board (ADB) found no misconduct and recommended
retention. On 19 October 2006 your commanding officer concurred
with the ADB and informed the discharge authority; however, he
did not set-aside the NUP.
The Board did not accept your contention to the effect that you
learned after you received the positive test result that an
acquaintance, without your knowledge, had added a Substantial
amount of marijuana to the baked beans you ate at a cookout;
consequently, you did not knowingly or wrongfully ingest
marijuana. The Board presumed that your commanding officer acted
reasonably in your case when he determined that you had
wrongfully used marijuana, and concluded that he was in the best
position to resolve the factual issues and to impose appropriate
punishment. Accordingly, your application has been denied. The
bers 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
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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