DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
JRE
Docket No. 08880-08
25 January 2010
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 14 January 2010. 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
recore, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You served on active duty in the Navy from 20 March 2001 to 13
April 2007, when you were discharged by reason of misconduct
(Qrug abuse), with a discharge under other than honorable
conditions. Available records indicate that you tested positive
for cocaine use on several occasions, and that you were arrested
and convicted by civil authorities of possession of a large
quantity of cocaine. Following your discharge, the Department of
Veterans Affairs (VA) determined that although you were not
insane when you committed the misconduct that resulted in your
discharge under other than honorable conditions, your service
was considered honorable notwithstanding your drug abuse..
The Board found that you were not entitled to be separated or
retired from the Navy by reason of physical disability because
misconduct separation processing takes precedence over and
generally precludes disability evaluation processing.
Accordingly, and as you have not demonstrated that you lacked
mental responsibility for your actions and that it would be in
the interest of justice for the Board to set-aside your
administrative discharge, 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.
The Board did not consider your request for upgrade of your
discharge because youdid not exhaust an available administrative
remedy by applying to the Naval Discharge Review Board.
Enclosed in a DD Form 293 for your use in that regard.
Sincerely,
Lid an
W. DEAN PRRI
Executive itor
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