DEPARTMENT OF THE NAVY.
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 4762-13
11 July 2013
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 9 July 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 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.
On 9 December 2005, you accepted nonjudicial punishment (NUP)
rather than being tried by court-martial. On the same day, you
were found guilty at NUP of wrongfully using marijuana and
unauthorized absence. You were reduced in grade from lance
corporal (E-2) to private first class (E-2). You did not appeal
the NUP.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your allegation that
you did not knowingly use marijuana and post service good
conduct. The Board concluded that you have failed to prove an
error or injustice in the NJP remaining in your official
military personnel file. The Board particularly noted that you
did not appeal the NJP. In view of the above, 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,
\y Poe.
W. DEAN PFE
Executive Di
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