DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11226-10
20 October 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 19 October 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 were commissioned in the Navy on 2 January 2002. On 1
February 2006 you began a period of active duty in the rank of
lieutenant. You served without disciplinary incident until 27
March 2008, when you were convicted by general court-martial
(GCM) of wrongful use of cocaine and sentenced to dismissal from
the Naval Service. After the dismissal was approved at all
levels of review, the Assistant Secretary of the Navy, (Manpower
and Reserve Affairs), directed the execution of your dismissal,
and on 13 January 2010, you were issued a letter of dismissal.
In accordance with the regulations and guidelines for dismissal
of officers from the Navy pursuant to the sentence of a GCM, a
certificate of discharge reflecting a characterization of service
will not be awarded. However, it appears that you were issued a
Certificate of Discharge or Release from Active Duty (DD Form
214).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of honorable service, post service conduct, and
desire to have your GCM and all references thereto, and the
dismissal removed from the record. It also considered your
ie have your ‘service characterized as honorable and the
a? reason fér separation to reflect “Secretarial
Authority.” Nevertheless, the Board concluded these factors were
not sufficient to warrant approval of such actions because of the
seriousness*efuwour drug related misconduct, which resulted in a
GCM and your dismissal. 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,
\Qead
W. DEAN PF
Executive Dwractor
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