DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6319-10
16 September 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 14 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 22 February
2000. On 8 October 2004 you received nonjudicial punishment for
conspiracy to purchase drugs and failure to obey a lawful order.
The punishment consisted of a forfeiture of $907.00 per month for
two months, restriction and extra duty for 45 days, and reduction
in rank.
On 22 November 2004 your commanding officer recommended that you
be separated from the Navy with a general discharge by reason of
misconduct due to drug abuse. He stated that you had admitted to
the conspiracy to bring drugs on the base. After review by the
discharge authority, the recommendation for separation was
approved, and you received a general discharge on 16 December
2004.
The Board carefully considered your contention that the
nonjudicial punishment was caused by entrapment. It concluded,
however, you failed to demonstrate that entrapment occurred in
your case. The Board concluded that your commanding officer
acted reasonably in your case, and that he was in the best
position to resolve the factual issues and to impose appropriate
punishment. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you
have not exhausted an available administrative remedy by applying
to the Naval Discharge Review Board (NDRB). You may do so by
submitting the attached DD Form 293 to the NDRB.
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
x
. DEAN PFEI
Executive Di
Enclosure
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