DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00825-14
25 July 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 23 July 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 18 July 2005. On 22 December 2005,
you received nonjudicial punishment (NJP}) for wrongful use of a
controlled substance (oxymorphone}. You were informed that
administrative separation was initiated. On 5 January 2006,
your commanding officer directed that you be separated with an
under other than honorable characterization of service discharge
by reason of misconduct (drug abuse). On 13 January 2006, you
were so discharged and assigned an RE-4 (not recommended for
retention) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case. It
found those factors insufficient to warrant upgrading your
reentry code, given your drug abuse. 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 or narrative reason for discharge should be changed due
to the fact that your discharge is less than 15 years old, so
you must first apply to the Naval Discharge Review Board (NDRB).
Enclosed is a DD Form 293 you must use to apply to the NDRB.
Z .
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 Aecision 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,
© Met DS Cx,
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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