DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TIR
Docket No: 11818-09
11 March 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 panel of the Board’for Correction of Naval
Records, sitting in executive session, considered your
application on 9 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 enlisted in the Navy on 28 July 1983 at age 21. You
honorably served without disciplinary incident until 4 June 2002,
you received nonjudicial punishment (NUJP) for wrongful use of
marijuana. The punishment imposed was a $2,642 forfeiture of
pay, restriction and extra duty for 45 days, and a reduction to
paygrade E-5.,
On 29 June 2002 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
Case to an administrative discharge board (ADB}. On 30 June 2002
an ADB recommended discharge under honorable conditions by reason
of misconduct due to drug abuse. On 19 August 2002 your
commanding officer, in concurrence with the ADB, also recommended
discharge under honorable conditions. On 21 August 2002 the
discharge authority approved these recommendations and directed
your commanding officer to issue you a general discharge under
honorable conditions by reason of misconduct due to drug abuse,
and on 23 August 2002, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your overall record of honorable service and desire to set your
discharge aside for retirement purposes or upgrade the
characterization of your discharge to honorable. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or reinstatement for
retirement purposes because of the seriousness of your drug
related misconduct which resulted in NUP. 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,
Executive Di
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX , WASHINGTON DC 20370-5100 TIR Docket No: 1779-09 11 January 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. 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. ...