DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7018S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 3462-13
5 May 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 December 2013. 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 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.
The Board found that you reenlisted in the Navy on 8 June 2001
after two years of prior active service. On 22 July 2005 you
received nonjudicial punishment for-an unauthorized absence and
wrongful use of Ecstasy. The punishment consisted of a
forfeiture of $979.00 per month for two months and reduction in
pay grade. On 16 September 2005 you received a discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. 7
The Board found no-merit in your request to remove the
nonjudicial punishment of 22 July 2005 which you contend was
imposed even though you were innocent. It concluded that your
commanding officer acted reasonably in your case, that he was in
the best position to resolve the factual issues and to impose
appropriate punishment. There is no credible evidence that you
did not commit the charged offenses. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service should be changed, since you have not exhausted your
administrative remedies by applying to the Naval Discharge
Raview Board (NBRB¥. You may do so by submitting the attached
DD Form 293 to the NDRB.
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,
Re
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
NAVY | BCNR | CY2007 | 00272-07
On 24 July 2006 your commanding officer recommended to the Navy Personnel Command (NAVPERSCOM) that you not be reenlisted. However, given the available evidence, the Board concluded that the commanding officer acted reasonably in concluding that you committed the offense and that nonjudicial punishment was appropriate. 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.
NAVY | BCNR | CY2006 | 11317-06
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. The restoration of those qualifications is an administrative matter within the jurisdiction of your commanding officer. 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.
NAVY | BCNR | CY2008 | 03653-08
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NAVY | BCNR | CY2007 | 00746-07
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NAVY | BCNR | CY2007 | 05465-07
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NAVY | BCNR | CY2008 | 08215-08
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NAVY | BCNR | CY2008 | 05894-08
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NAVY | BCNR | CY2006 | 01004-06
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