DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
        
Docket No: 9014-18 
Ref: Signature Date 

Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 27 August 2019.  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, relevant portions of the naval record, as well as applicable statutes, regulations, and policies. 
 
The Board carefully considered your request to correct your official military personnel file by removing a 25 May 2018 counseling entry and a 1 June 2018 rebuttal statement.  The Board considered your statement and contentions that the language in the counseling entry was based upon false assumptions and is administratively incorrect.  You also contend that the statement regarding misconduct is unsubstantiated, and that you have never used or heard of Oxazepam.  It is your assertion that months before the urinalysis, after surgery, you were prescribed multiple medications.  Lastly, you contend that after speaking with defense counsel, you were informed that Oxazepam could have metabolized from other drugs you were taking. 
 
The Board determined that in accordance with the Individual Records Administration Manual (IRAM), the counseling entry is administratively and procedurally correct as written.  The Board noted that you received the contested counseling entry due to a positive urinalysis for Oxazepam on 27 March 2017.  The Board also noted that during the investigation of your positive urinalysis, you denied any use of the drug, and a review of your medical record for the period 1 February 2016 to 28 February 2017 failed to identify a prescription for Oxazepm or any medication that would result in a positive urinalysis.  During an additional review of your medical record for the period 1 February 2014 to 28 February 2014, a previous prescription for Diazepam was identified that would result in a positive urinalysis.  The Board further noted your 1 June 2018 rebuttal, in which, you state, that you failed to declare your admitted use of “expired prescription medication” because of ignorance on your part.  You also admit that you lacked “situational awareness” regarding the use of expired medication and accepted responsibility for your actions.  The Board determined that in accordance with the IRAM, commanding officers are authorized to make entries of events they deem essential to document.  In this regard, the Board determined that the commanding officer was within his authority to document your use of expired prescription medication and issue the counseling entry.   
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.