DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 471-09
26 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 19 February 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 received nonjudicial punishment (NJP) on
1 August 2008 for the wrongful use of cocaine on or about 27 May
2008. The punishment consisted of the forfeiture of $300.00 pay
per month for two months. On 25 September 2008 an administrative
discharge board (ADB) convened to determine whether or not you
had committed misconduct/drug abuse, and if so, to recommend
retention or discharge. The ADB found that you had not committed
misconduct, and recommended that you be retained in the Navy.
Your commanding officer did not contest the findings or
recommendation of the ADB; however, he denied your request that
he set-aside the related NUP. Your Evaluation and Counseling
Record (E7-E9) indicates that you received NUJP for wrongful use
of cocaine on 28 July [sic] 2008.
The Board did not accept your contention to the effect that you
did not knowingly or wrongfully ingest cocaine. The Board
presumed that your commanding officer acted reasonably in your
case when he determined that you had committed that offense, and
concluded that he was in the best position to resolve the factual
issues and to impose appropriate punishment. The finding by the
ADB that you did not commit misconduct, which is not binding on
the Board, was considered insufficient to warrant the expunction
of the NUP and related documents from your record. 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,
WoucGet
W. DEAN PF
Executive D
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 6705-09 5 October 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub3 : ii eeeeiias SREVIEW OF NAVAL RECORD” Ref: {a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting that his naval record be =: corrected by setting-aside the nonjudicial punishment | {NJP) he received on 5 March 2008...
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