DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 2570-09
27 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 24 November 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 24 August 1999.
On &. December 2006 you had a positive urinalysis for cocaine, and
“you later admitted to using cocaine on six occasions.
On 22 March 2007 an administrative discharge board (ADB)
recommended that you be separated from the Navy with a‘ discharge
under other than honorable conditions by reason of misconduct due:
to drug abuse. That recommendation was approved and on 17 May
2007 you were discharged by reason of misconduct due to drug
abuse with a discharge under other than honorable conditions.
In its review of your application, the Board carefully considered
your unsubstantiated contention that the ADB did not review all
the relevant documentation in your case, but found it
insufficient to warrant upgrading your discharge. 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,
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