DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4845-11
L7 February 2012
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 14 February 2012. 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 enlisted in the Navy on 20 April 2001 in the Delayed Entry
Program (DEP) at age 19 and began a period of active duty on 24
July 2001. Although incomplete, your record reflects that on 28
June 2004 you received nonjudicial punishment (NUP) for wrongful
use of a controlled substance. It further reflects that your
recommendation for advancement was withdrawn on that same date
due to your drug related misconduct. On 9 August 2004 you
acknowledged/signed an administrative remarks entry which
reflects that you read and understood the foregoing actions.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. Presumably, after
waiving your procedural rights, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. The discharge authority
approved this recommendation and directed discharge under other
than honorable conditions by reason of misconduct, and on 23 June
2005, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were never involved in any
drug related activities. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct which resulted in NUP and was contrary to the Navy's
“zero tolerance” policy. Further, you were presumably given an
opportunity to defend yourself but waived your procedural right
to legal counsel and to present your case to an administrative
discharge board. Finally, there is documented evidence in the
record, that you acknowledged, that is contrary to your
assertion. 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,
WwW.
Executive Dir
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