DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3184-09
22 March 2010
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 6 January 2010. 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 reenlisted in the Navy on 31 March 1989.
On 16 July 2003 you requested that you be transferred to the
Fleet Reserve in you then current grade of AMCM in lieu of
administrative processing. You acknowledged that the Secretary
of the Navy could approve transfer in a reduced pay grade. -On 10
September 2003 the Navy Personnel Command sent the request for
retirement to the Assistant Secretary of the Navy for Manpower
and Reserve Affaixs {ASN M&RA}). Due to your positive urinalysis
for cocaine he recommended that you be transferred in pay grade
E-7. The request was approved, and ASN M&RA directed that you be
transferred in pay grade E-7. On 30 November 2003 you were
honorably released from active duty and transferred to the Fleet
Reserve as a AMC.
The Board did not accept your unsubstantiated contention that the
positive urinalysis for cocaine was faulty. The Board concluded
given the serious nature of your misconduct, no corrective action
is warranted in your case. Accordingly, your application has
been Genied. 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 te 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 appiicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
> Louk
W. DEAN PF
Executive cto
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