7 DEPARTMENT OF THE NAVY —
BOARD FOR CORPRFCTION OF NAVAL RECORDS
- A cimTe 100%
701 S. COURTHOUSE ROAD, SUITE tus
ARLINGTON, VA 22204-2430
JET
Docket No: 3773-14
14 November 2014
Dear (iz
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 5 November 2014. The names and votes of the
members of the panel will be furnished upon request. 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 and began a period of active duty on 3
May 2010. You served without disciplinary incident until 8 ©
February 2013, when you received nonjudicial punishment (NJP) for
wrongful possession and use of controlled substances. As a
result, you were administratively processed for separation by
reason of misconduct due to commission of a serious offense.
Subsequently, your commanding officer was directed to issue you a
general discharge by reason of misconduct, and on 5 March 20135,
you were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially Mitigating factors, such as
your desire to upgrade your general discharge and change your
narrative reason for separation. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your drug related
misconduct. Accordingly, your application has been denied.
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 ail official records. Consequently ,. when applysny
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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