DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:echb
Docket No. 01466-11
19 April 2011
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 12 April
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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Navy on 26 June 2001 for four years. Your record
shows that during your initial military processing you were fully
briefed on the Navy’s zero tolerance drug policy the violation of
which could result in court-martial proceedings and/or involuntary
administrative discharge. Unfortunately on 25 October 2002, after
serving a little more than one year and four months on active duty
you received nonjudicial punishment for 56 days of unauthorized
absence, desertion and illegal use of marijuana. When you were
informed that you were being recommended for administrative
separation with an other than honorable discharge (OTH) due to
illegal use of drugs you waived your right to appear before an
administrative discharge board (ADB) where the assistance of a
military lawyer you could have requested retention or a better
discharge. On 12 December 2002 you were issued an OTH.
In its review of your application the Board concluded that in view
of the seriousness of the offense for which you were discharged (drug
usage) as well as your apparent willingness to accept an OTH rather
than serve out your enlistment as evidenced by your waiver to appear
before an ADB your discharge was proper as issued and should not be
changed now as a matter of clemency. The Board also noted that in
addition to drug usage you were also punished for other serious
offenses, namely 56 days of unauthorized absence and desertion either
of which could have served as a basis for administrative discharge.
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,
W. DEAN PF
Executive Di
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