DEPARTM ENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
						WASHINGTON DC 20370-5100

JRE
Docket No. 02361-07
14 February 2008

This is in reference to your application for correction of
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 14 February 2008. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Marine Corps on 6 August 1997. You received nonjudicial punishment on 30 November 1999 for wrongful use of marijuana. On 29 February 2000, an administrative discharge board determined by votes of 3-0 that you had committed misconduct due to drug abuse, and that your separation was warranted. The administrative discharge board unanimously recommended that you be discharged by reason of misconduct/dug abuse, with a discharge under other than honorable condition, and that the execution of the discharge not be suspended. On 21 April 2000, you were discharged in accordance with the approved findings and recommendation of the administrative discharge board.

The Board found that although you sustained significant injuries during your enlistment, you were not entitled to be separated or retired by reason of physical disability because your separation by reason of misconduct took precedence over disability evaluation processing in your case. The Board carefully considered your contention to the effect that you used alcohol to self-medicate the pain caused by your injuries, and that you smoked marijuana as a result of a lapse in judgment which occurred while you were intoxicated, but found it insufficient to warrant corrective action in your case. In this regard, the Board was not persuaded that you lacked mental responsibility, or that your misconduct should be excused by what you maintain are extenuating circumstances of your use of marijuana. The Board was impressed by your postservice good conduct, as well as your remorse over your misconduct, hut was unable to conclude that it would be in the interests of justice for it to upgrade your discharge to general or honorable. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

You are reminded that you have the right to apply to the Naval Discharge Review Board (NNDRB) for upgrade of your discharge; however, the NDRB does not have the authority to change the basis of your discharge to physical disability, or correct the record to show that you were retired by reason of physical disability.

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