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

					CRS
					Docket No: 7961-05
										8 March 2006

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 8 March 2006. 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. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 1 November 2005 as supplemented by the memorandum of 14 February 2006, copies of which are attached.

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. In this connection the Board substantially concurred with the comments contained in the advisory opinion. 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 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,

							W. DEAN PFEIFFER
						Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
						MILLINGTON TN 38055-0000

						1920
									         Ser 4834/061 
									         01 Nov 05

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

Via:	Assistant for BCNR Matters, PERS-OOZCB

Subj:	 IN THE CASE OF

	Ref:	(a)	PERS OOZCB Memo 5420 Pers-3L,C2 of 20 Oct 05
		(b)	BUPERSINST 1900.8

1.	In response to reference (a), the following information is provided:

a.	 requesting the characterization of her service to be changed from General to Honorable and the separation
program designator (SPD) code changed to reflect honorable service.
claims the incident was isolated and occurred prior to reporting for active duty.
	
	b.	Then was sworn in, as an officer, on 29 May 99
	onto active duty	 ,  tested positive f or THC during an
	accession training at Officer Indoctrination School given
	09 Aug 99. 1	~s claim that the incident occurred prior to
	her commissioning is not	correct as she had already been commissioned for over two months.  also claimed she unknowingly ingested the THC at a party given in Jul 99. The investigator for
case consulted with a senior chemist at the drug lab during his investigation. The expert chemist contends the level of THC in her system could not have been orally introduced into her system in Jul but in the first week of Aug.

c.	had already been sworn into the navy and on active duty at the time of ingestion. Her statements provided to the investigator are inconsistent with the results of the investigation. The characterization of General (under honorable conditions) and the SPD code of BNC (misconduct) are in accordance with reference (b) and should not be changed.

2.	I may be reached at Comm. (901)874-2090 or DSN 882-2090 -
Assistant, Officer Performance and Separations Section