DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10692-09
23 July 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 21 July 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 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
2 November 2003 at age 18. On 23 June 2004, you received
nonjudicial punishment (NUP) for unauthorized absence (UA) from
your unit for a period of 44 days and missing ship’s movement.
On 6 January 2005, you were convicted by summary court-martial
(SCM) of two instances of UA from your unit totaling 85 days and
missing ship’s movement. On 17 August 2005, your urinalysis
tested positive for the wrongful use of marijuana. After your
first NUP you were counseled regarding your misconduct and warned
that further offenses could result in administrative separation.
You were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
(a€rug abuse). You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 23 August 2005 you were again UA from your unit. On 31 August
2005, the separation authority directed an OTH discharge by
reason of misconduct due to drug abuse. On 8 September 2005 you
were so discharged in absentia.
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 and
the fact that you were discharged in absentia. Finally, the
Board found 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,
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