DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
WASHINGTON De 20970-5100 RDZ: ech
Docket No. 11658-09
25 June 2010
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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 23 June
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.
Your record shows that you enlisted in the Navy on 23 July 1992 for
a term of four years and on that same day you executed a twelve month
extension for guaranteed training as an equipment operator. You
then performed your military duties in‘’a highly proficient manner
and had no disciplinary action until 27 June 1996 when you received
nonjudicial punishment for wrongful use of marijuana based on a Navy
drug lab report as well as your written admission that you used
marijuana while you were intoxicated. An administrative discharge
board (ADB) was convened and unanimously recommended that you be
separated with an other than honorable discharge (OTH). Following
a review of these proceedings by Navy discharge authorities you were
separated with an OTH on 20 September 1996.
In its review of your case the Board concluded that in view of serious
nature of your offense namely drug abuse, your discharge was proper
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as issued and should not be changed now as a matter of clemency. In
this regard the Board particularly noted that at the very outset of
your enlistment you were fully informed of the Navy’s zero tolerance
drug policy and the serious consequences that would follow any
violation.
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,
ls Deer PFE
Executive Dedtor
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