DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 06250-07
1 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 29 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
Art
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 29 June 1999 at age 19. On
2 February 2000, you received nonjudicial punishment (NUP) for
wrongful possession of marijuana. You received restriction,
extra duties, and a forfeiture of pay.
Administrative discharge action was initiated by reason of
misconduct due to drug abuse. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 6 March 2000, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct due to drug abuse. On 7 March 2000, the discharge
authority directed an other than honorable discharge by reason of
misconduct due to drug abuse. On 17 March 2000 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your NUP for drug
use. Further, you waived the right to an ADB, your best chance
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,
QS. node
ROBERT D.~ZSALMAN
Acting Executive Director
BO
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