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NAVY | BCNR | CY2006 | 03649-06
Original file (03649-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
 Docket No: 3649-06
28 November 2006







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 in executive session, considered your application on 28 No ember 2006. Your allegations of error and injustice were revie w ed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary m aterial considered by the Board consisted of your application, to ether with all material submitted in support thereof, your naval r ecord, and applicable statutes, regulations, and policies.
After careful and co n scientious consideration of the entire record, the Board fo r the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the M a ri ne Corps on 19 June 1998 at age 17. You served for two years w ithout disciplinary incident, but on 18 June 1999 you receiv e d nonjudicial punishment (NJP) for wrongful use of marijuana. T e punishment imposed was reduction to paygrade E-1, restrictions and extra duty for 45 days, and a $958 forfeiture of pay.
On 9 July 1999 you w re referred for a medical evaluation due to substance abuse. Yo u stated, in part, that you smoked marijuana regularly and experimented with lysergic acid diethylamide (LSD). You were diagnosed with cannabis abuse and recommended for an administrative separ a tion.
On 17 August 1999 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB).
Subsequently, your commanding officer recommended separation by reason of misconduct d ue to drug abuse. On 22 September 1999 the discharge authority a proved this recommendation and directed an other than honorable d ischarge by reason of misconduct, and on 7 October 1999 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 and assertion that you have learned your lesson. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct. 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 can n ot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other ma ter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regul a rity attaches to all official records. Consequently, when a lying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probabl e material error or injustice.
Sincerely,

         W DEAN PFIEFFER
 Executive Director


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