DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 3965-09
2 April 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panei of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 March 2010. The names and votes of the
members of the panel will be furnished upon request. 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 were commission in the Navy Reserve on 11 April 1998 in the
rank of lieutenant junior grade (LTIG) and immediately began a
period of active duty. You served without disciplinary incident
until 19 April 2001, when you were convicted by general court~-
martial (GCM) of wrongful use and possession of cocaine, theft of
a controlled substance, specifically, Nubain, valued at less than
$100,. and two specifications of breaking restriction. You were
sentenced to confinement for le months and dismissal from the
Naval Service.
after the dismissal was approved at all level of review, the
Assistant Secretary of the Navy, Manpower and Reserve Affairs,
directed the execution of your dismissal from the Naval Service,
and on 5 May 2006, you were issued a letter of dismissal.
In accordance with the regulations and guidelines for dismissal
of officers from the Navy pursuant to sentence of a GCM, a
certificate of discharge reflecting a characterization of service
will not be awarded. However, it appears that you were
erroneously issued a Certificate of Discharge or Release from
Active Duty (DD Form 214). In this regard, the only separation
document issued for officers dismissed from the Navy Reserve
shall be a letter signed by the Secretary of the Navy.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, and presumed ©
desire to have your dismissal from the Naval Service removed from
the record as a matter of clemency. Nevertheless, the Board
concluded these factors were not sufficient to warrant approval
of such action because of the seriousness of your drug related
misconduct, which resulted in a GCM and your dismissal.
Accordingly, your application has been denied.
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,
W. DEAN PHEI
Executive Ni tor
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