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NAVY | BCNR | CY2007 | 08774-07
Original file (08774-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

RDZ:ecb
Docket No. 08774-07
21 April 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.

You enlisted in the Navy on 24 September 2003 at age 23. You
served for a total of seven months and six days and were
separated with an other than honorable discharge on 29 April
2004 for drug abuse. While this was your only offense the Navy
has a zero tolerance policy regarding drug abuse and this was
thoroughly explained to you when you initially entered on active
duty. In view of the seriousness of your offense the Board
concluded that your discharge was properly issued and there is

no basis in law or equity to change it now.
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,

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