DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2Q37O-~31OO

JRE
Docket No. 09107-05
19 January 2007

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 19 January 2007. Your allegations of error and injustice wer reviewed in accordance with administrative regulations an 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you served on active duty in the Navy from 17 September 2 01 to 15 February 2002, when you were discharged by reason of misconduct/drug abuse. You completed 4 months and 29 days of ser ice, and had eleven days time lost. You were not entitled to be referred for disability evaluation , because your discharge by reason of misconduct would have taken precedence over and precluded disability processing. In addition, there is no indication n the available records that you were unfit for duty by reason of physical disability that was incurred in or aggravated by our brief period 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 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, w en 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 D. ZSALMAN
Acting Executive Director