DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6605-09
4 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting im executive session, considered your
application on 3 June 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
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 5 September 1990 at age 18.
You served for a year without disciplinary incident, but on 5
September and again on 1 October 1991 you received nonjudicial
punishment (NIP) for absence from your appointed place of duty
and wrongful use of cocaine.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After consulting with
legal counsel you waived your procedural right to present your
case to an administrative discharge board (ADB). Your commanding
officer recommended discharge wnder other than honorable
conditions by reason of misconduct due to drug abuse. On 29
January 1992 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 10 February 1992, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct which
resulted in two NJPs. Finally, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. Accordingly, your application has been denied.
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,
Executive Di r
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