DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510@RE
Docket No: 3373-08
8 May 2008
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj: iii eka ee REVIEW OF
NAVAL RECORD ~
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting that her naval record be
corrected by setting-aside nonjudicial punishment (NJP) she
received on 5 November 2007.
2. The Board, consisting of Messrs. qj a a
reviewed Petitioner's allegations of error and injustice on 7 May
2008 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice, finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner enlisted in the Navy on 31 August 2006.
Cc. On 5 November 2007 she received NUP for use of cocaine.
The punishment imposed consisted of forfeiture of $729 pay per
month for two months and reduction in rank. On 28 January 2008
an administrative discharge board (ADB) found no misconduct and
voted to retain her. On 8 February 2008 Petitioner’s commanding
officer concurred with the decision of the ADB.
d. Petitioner argues that the NJP should be removed since
she unknowingly ingested cocaine and speculates that someone put
it in her drink while she was dancing at a bar.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes Petitioner’s outstanding record as a
Sailor and the laudatory comments of her witnesses at the ADB.
The ADB believed her version of events and that she unknowingly
ingested cocaine that was placed in her drink. The Board
concurred with the ADB’s decision and also believes her version
of the events. The Board concludes that the 5 November 2007 NUP
should be set-aside; however, it believes that the urinalysis
report upon which the NUP was based should remain in her record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by setting-aside
the nonjudicial punishment she received on 5 November 2007,
removing the record of the punishment from her record, and
restoring all rights, benefits and privileges lost as a result of
that punishment.
b. That no further relief be granted.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ICIOS
ROBERT D. ZSALMAN .
cting Recorder
Recorder
5. Pursuant to the delegation o authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
Vocal
Executive Di tir
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