DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02753-09
29 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
13 July 2004 at the age 20. On 13 September 2005, you received
nonjudicial punishment (NJP) for wrongful use of marijuana,
disorderly conduct and drunkenness. On 13 September 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 26 September 2005, your
commanding officer forwarded his recommendation that you he -
discharged under other than honorable (OTH) conditions by reason
of misconduct. On 29 September 2005, the separation authority
directed an OTH discharge by reason of misconduct. On 7 October
2005 you were so discharged.
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 given the seriousness of your misconduct.
Finally, 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,
oe
TewW. DEAN | Set, Ft
Executive Director
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