DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 5237-08
19 March 2009
This ig in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 17 March 2009. The names and votes of the members
of the panel will be furnished upon request. 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.
Aftet careful and conscientious consideration of the entire
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 10 April 2000 at age 18 and served
without disciplinary infraction until February 2006. in this
regard, a drug and alcohol report dated 22 March 2006 states, in
part, that your urine sample received on 2 February 2006, tested
positive for illegal drugs, specifically, steroids such as 19-
Norandrosterone, 19-Noretiocholanolone, Nandrolone,
Noranderostenedione, and Norandrostenediol.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB), the discharge authority
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct, and on 12 July 2006,
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 desire to upgrade your discharge so that you may
reenlist in the Navy. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct. Finally, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. Accordingly, your application has been denied.
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,
won eh ME
W. DEAN P FARR
Executive eryor
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