DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 251-12
5 November 2012
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 18 October 2012. 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 entered on active duty in the Navy 16 August 2000. You
received nonjudicial punishment on 25 February 2004 for
wrongful use of marijuana, unauthorized absence, and missing
movement. You were discharged under other than honorable
conditions on 12 March 2004 by reason of misconduct/drug abuse.
On or about 30 June 2005, the Naval Discharge Review Board denied
your request for upgrade of your discharge.
The available records do not establish that you were unfit for
duty by reason of physical disability at the time of your
discharge, or that you lacked mental when you committed the
offense that resulted in your discharge. The Board noted that
you would not have been entitled to disability separation or
retirement even if you had been unfit for duty because a
discharge by reason of misconduct takes precedence over
disability evaluation processing. Accordingly, and as you
have not demonstrated that it would be in the interest of justice
for the Board to upgrade your discharge or set-aside the
aforementioned nonjudicial punishment, 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. Inthis 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,
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