DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 5762-09
24 May 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 160, 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 18 May 2010. 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, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
injustice.
You enlisted in the Marine Corps on 22 August 1986 at age 18 and
served for two years and two months without disciplinary
incident. However, on 5 October 1988, you received nonjudicial
punishment (NJP) for failure to obey a lawful order. About seven
months later, on 22 May 1989, you received NUP for wrongful use
of marijuana. Shortly thereafter, on 12 September 1989, you were
convicted by summary court-martial (SCM) of a 25 day period of
unauthorized absence (UA) and wrongful use of marijuana.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 3 November
1989, you were sO discharged.
The Board, in its review of your ent
d all potentially mitigating fac
i de your discharge.
discharge was the result of
Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
2 which resulted in two NUPs
misconduct and lengthy period of U.
and a SCM. Further, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
Finally, there is no
to an administrative discharge board.
evidence in the record, and you submitted none, to support your
assertion. Accordingly, your application has been denied.
ces of your case are such that
You are entitled to have the
e
stress and immaturity.
It is regretted that the circumstan
favorable action cannot be taken.
Board reconsider its ‘ssion of new and material
evidence or other matter no
In this regard, it is importan
presumption of regularity attaches to a
Consequently,
decision upon submiss
t previously considered by the Board.
t to keep in mind that a
11 official records.
ction of an official naval
to demonstrate the
injustice.
Sincerely,
Drak
Executive D
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