DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 10664-08
19 March 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 7 January 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 28 October 2002.
On 10 November 2004 you were convicted by a summary court-martial
of use of amphetamines and methamphetamines. On 15 December 2004
your commanding officer recommended that you be separated from
the Navy with a discharge under other than honorable conditions
by reason of misconduct due to drug abuse. When informed of the
recommendation, you waived your right to an administrative
discharge board. After review by the discharge authority, the
recommendation for separation was approved and on 20 April 2005
you were separated with a discharge under other than honorable
conditions.
The Board did not accept your unsubstantiated contention to the
effect that you suffered from posttraumatic stress disorder upon
your return from a deployment to Haiti, and used alcohol and
illegal drugs to control the symptoms of that disorder.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice for the Board to recharacterize your
service, 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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