DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00372-0893
6 November 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 28 October 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
30 April 2001, at age 19. On 14 April 2000, prior to your
enlistment, during your processing at the Military Entrance
Processing Station, you required a drug program waiver for ;
experimental marijuana use on two occasions. On 14 January 2003,
you received nonjudicial punishment (NUP) for wrongful use of a
controlled gubstance. |
On 15 January 2003, administrative discharge action was initiated
to separate you by reason of misconduct. You waived your rights
to consult counsel, submit a statement or have your case heard by
an administrative discharge board (ADB).
On 16 January 2003, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
22 January 2003, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 24 January 2003.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in the
NUP for the use of a controlled substance. Further, the Board
noted that you waived the right to an ADB, your best opportunity
for retention or a better characterization of service.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It ig 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,
LNwag§
W. DEAN PF
Executive Di
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