DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100	

		CRS
Docket No: 1591-04
21 March 2005

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 pa el of the Board for Correction of Naval Records, sitting on executive session, considered your application on 16 March 2005. 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 nay 1 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

The Board found that you enlisted in the Navy on 23 September 1986. The record reflects that on 3 May 1990 you received nonjudicial punisment for use of cocaine or methamphetamine and communicating a t eat to another Sailor. The punishment imposed consisted of resection and forfeitures of $300 pr month for two months. Subsequently, on 22 September 1990 you were honorably discharged at the expiration of your enlistment.

In your application , you contend that you received nonjudicial punishment for being at a party where drugs were used, and that you did not threat n another Sailor. However, in the absence of any evidence to the contrary, the Board concluded that the commanding officer acted reasonably in concluding that you committed the offenses and NJP was appropriate. Accordingly, your application h s been denied. The names and votes of the members of the pan 1 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 i s decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, i 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,

W. DEAN PFIEFFER
								Executive Director