DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SUN
Docket No: 09134-05
4 April 2007
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 28 March 2007. 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 7 January 1997 at age 22.
Your served without incident until 4 April 2001 when you
received nonjudicial punishment (NJP) for disorderly conduct.
On 20 July 2001 you were convicted by special court-martial
(SPCM) of wrongful use of methamphetamine and Marijuana. You
were sentenced to confinement, a reduction in paygrade, and a bad
conduct discharge (BCD). On 25 February 2003 you received the
BCD after appellate review was completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service, the character letters
accompanying your application, post service accomplishments, and
the statement from the National Service Officer of the Disabled
American Veterans. However, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your record of misconduct that included a
conviction by SPCM for serious drug abuse. 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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