DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 08798-13
25 September 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 September 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
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 insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 27 August 2007, at.age 24. While
completing your in-processing paperwork you signed and
acknowledged the Navy drug and aicohol policy. On 6 April 2009,
you received nonjudicial punishment (NJP) for wrongful
possession and use of marijuana. On 28 April 2009,
administrative separation action was initiated by reason of
misconduct (drug abuse)... After being advised of your procedural
rights, you waived your right to have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions (UOTHC). On 27 May 2009, the -
discharge authority approved the recommendation and directed a
discharge UOTHC. You were so discharged on 9 June 2009, and
assigned an RE-4 (not recommended for reenlistment) reentry
code.
The Board, in its review of your application, caréfully weighed
all potentially mitigating factors present in your case. It
_ found those factors insufficient to warrant upgrading your
characterization of service, given your misconduct (drug abuse).
In addition, the Board noted that you waived your right to an
ADB, your best opportunity for retention and a more favorable
characterization of .service. Accordingly, 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 within one year from the date of the Board’s
decision, New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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,
ROBERT J. O’ NEILL
Executive Director
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