DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON RC 20370-5100 REC
Docket No: 02042-0939
10 December 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 December 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
21 August 2003, at age 23. On 23 March 2004, you received
nonjudicial punishment (NUP) for being in an unauthorized absence
(UA) status for three days. On 15 April 2004, you received NUP
for UA. On 27 July 2005, your command received a positive drug
test result for cocaine use. On 29 July 2005, you received NUP
for wrongful use of cocaine and an additional period of UA of
three days. On 29 July 2005, administrative discharge action was
initiated to separate you by reason of misconduct due to drug
abuse. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB).
On 30 August 2005, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
ll September 2005, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 23 September 2005.
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
three NUJP’s and your positive urinalysis result. 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 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,
Lo
W. DEAN
Bxecutive
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