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NAVY | BCNR | CY2003 | 03271-03
Original file (03271-03.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

BOARD  F O R   C O R R E C T I O N   O F   NAVAL  R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1  0 0  

CRS 
Docket No:  3271-03 
8 August 2003 

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 16 July 2003.  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 17 
August  1993.  The record reflects that you received four 
nonjudicial punishments.  The offenses included absence from your 
appointed place of duty, willful disobedience of a lawful order, 
refusing to train, loaning money to four subordinates, 
disrespect, and use of marijuana. 

On 7 September 1995 the commanding officer recommended that you 
be separated with an other than honorable discharge by reason of 
misconduct due to drug abuse.  When informed of the 
recommendation, you elected to waive the right to present your 
case to an administrative discharge board.  After review by the 
discharge authority, the recommendation for separation was 
approved and on 13 October 1995 you were discharged with an other 
than honorable discharge. 

On 15 February 2002 the Naval Discharge Review Board denied your 
request for an upgrade. 

In its review of your application the Board carefully weighed all 

potentially mitigating factors, such as your youth and 
immaturity.  However, the Board concluded that these factors were 
not sufficient to warrant recharacterization of your discharge, 
given your use of drugs.  Therefore, the Board concluded that no 
change to the discharge is warranted.  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, 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, 



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