DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 05095-10
10 February 2011
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 February 2011. 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
5 February 2003. Your record is incomplete, but on 27 March
2006, you received nonjudicial punishment (NJP) for failure to
obey a lawful order and another unspecified offense involving
drug abuse. On your periodic evaluation from 3 February 2007
through 15 March 2008, you were not recommended for retention
based on your failure to conform to the Navy’s drug policy.
Administrative discharge action was initiated by reason OL
misconduct (drug abuse). On 21 July 2008, your case was heard by
an administrative discharge board (ADB), which voted three to
zero in favor of a general discharge due to misconduct (drug
abuse). Your commanding officer concurred with the ADB's finding
and recommended that you be discharged with a general discharge
by reason of misconduct (drug abuse). On 18 September 2008, you
received the general discharge due to misconduct (drug abuse),
and were assigned an RE-4 (not recommended for retention) reentry
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your reentry code, given your
record of NJP and nonrecommendation for retention. The Board
also noted that you were fortunate to receive a general discharge
since a separation under other than honorable conditions is often
directed when an individual is found to have committed
misconduct. 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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