DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
REC
Docket No: 00240-11
29 September 2011
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|
This ig 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 28 September 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 on 12 March 2001, at age 19. Your
record is incomplete, but om 8 May 2002, you received a letter of
reprimand for a breach of the peace (rioting), and assault. On
22 June 2005, you were convicted by a summary court-martial. (SCM)
of wrongful use of marijuana. You were sentenced to reduction in
pay grade, and 30 days confinement. On 15 July 2005,
administrative separation action was initiated by reason of
misconduct for drug abuse (use). You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct for drug
abuse (use). On 2 August 2005, the discharge authority directed
an OTH discharge by reason of misconduct. On 12 August 2005, you
were so discharged. At that time you were assigned an RE-4
reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your letter of reprimand and record of
conviction by one SCM of misconduct and drug abuse (use). The
Board noted that you waived your right to an ADB, your best
opportunity for retention or a more favorable characterization of
service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
Since your discharge is less than 15 years old, you may appiy to
the Naval Discharge Review Board (NDRB) for a possible upgrade.
I have enclosed a copy of NDRB’s application for your
convenience.
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. DEAN. PFEIM
Executive Dite
Enclosure
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