DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
SUN
Docket No: 08225-08
10 Suly 2009
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 9 July 2009. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
4 May 1987 at age 25. On 3 June 1987, you were counseled and
warned after your accession urinalysis tested positive for
marijuana use that further misconduct could result in
administrative discharge action.
On 5 October 1987, a Physical Evaluation Board (PEB) determined
that you were unfit to perform the duties required for active
duty, and recommended that you be permanently separated from the
service. Based on the information currently contained in your
record it appears you were advised of your rights, and elected to
receive copies of documents to be forwarded to the separation
authority, but waived all your other procedural rights.
Subsequently, on 22 October 1987 you were discharged with an
entry level separation.
The Board, in its review of. your application, carefully weighed
all potentially mitigating faetors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the reason
for your separation or recharacterization of your discharge
because of the PEB’s findings. With regard to your
characterization of service, the Board noted that you were
notified of your separation process within 180 days of the
beginning of your period of active service. Navy regulations
authorize an uncharacterized entry level separation if the
processing of a Sailor’s separation begins within 180 days of his
entry on active duty. 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,
Ld Nearke ‘
W. DEAN PFEIIFF
Executive Ditjeckdr
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