DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 6370-13.
- 4 February 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 Code, section 1552.
Since your discharge is less than 15 years old, the Board did.
not consider your request to change your characterization of:
service and narrative reason for separation. You may exhaust
your administrative remedy by applying to the Naval Discharge
Review Board with the enclosed application form,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 February 2014. 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.
ef 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 7 November 2012, you accepted nonjudicial punishment—(NgJP)}—
.rather than being tried by court-martial for the wrongful use of
Oxymorphone. On 15 November 2012, “you were found guilty at NJP
.and did not appeal.
In its review of your application, the Board carefully weighed’
all potentially mitigating factors, such as your allegations
that you did not know that you were taking Oxymorphone, that you
did not receive an opportunity to consult with counsel, and that
you may need hip surgery. The Board found that you were given
the opportunity to consult with counsel prior to your NJP, and
that you signed the Unit Punishment Book acknowledging this.
The Board particularly noted that in your statement-of 19.
November 2012, you said that taking the Oxymorphone was a
“stupid mistake” and that you were remorseful. The Board
concluded that you have failed to prove an error or injustice in
“the NUP remaining in your official military personnel file.
Finally, the Board found that you received a discharge physical
where you were found to be fit to be seaparated.. 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,
Rn 8S fina —
ROBERT D.. ZSALMAN
Bee ing Executive Director
Enclosure >
- Copy to:
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