DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TOR
Docket No: 5513-11
8 March 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 6 March 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 insuzficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 19 July 2007 and immediately began a
period of active duty. You served without disciplinary
infraction until 12 March 2009, when you submitted a written
statement in which you admitted using and buying marijuana,
procuring another Sailor’s urine for testing, and consuming a
detoxifying agent prior to testing as a means to avoid a positive
urinalysis. As a result, on 31 March 2009, you received
nonjudicial punishment (NJP) for two specifications of failure to
obey a lawful order and wrongful use of marijuana. The
punishment imposed with restriction for 60 days, a $1,450
forfeiture of pay, and reduction to paygrade E-1.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, on 27 April 2009, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 29 April 2009 the
discharge authority approved this recommendation and directed
discharge under other than honorable conditions by reason of
misconduct due to drug abuse, and on 26 May 2009, you were so
discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and change your
reenlistment code. It also considered your supporting
documentation regarding your term of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of your
reenlistment code 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 given an opportunity
-to defend yourself but waived your procedural right to legal
counsel and to present your case to an administrative discharge
board. Accordingly, your application has been denied.
The Board also noted that you are entitled to submit the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Boards, attention: Naval Discharge Review
Board, 720 Kennon Street, S. E., Room 309, Washington Navy Yard,
Washington, DC 20374-5023 for consideration of an upgrade of your
discharge and a change in your narrative reason for discharge.
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,
Executive
TG
Enclosure
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