DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 8162-06
23 January 2008
Dec,
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 23 January 2008. 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.
You enlisted in the Marine Corps on 20 July 1985 at age 18.
During the period from 31 October 1986 to 4 December 1987,
received nonjudicial punishment on two occasions for an
unauthorized absence of about 28 minutes and use of marijuana.
You were also counseled on two occasions concerning use of
marijuana, writing bad checks and poor attitude and performance.
On 16 March 1988 you were convicted by a summary court-martial of
use of marijuana.
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to drug
abuse. In connection with this processing, you elected to waive
the right to have your case heard by an administrative discharge
board. After review, the discharge authority directed discharge
under other than honorable conditions and you were so discharged
on 29 April 1988.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, desire for a
better discharge and your contention that the Marine Corps
violated a contractual promise that would have resulted in your
promotion. The Board found that these factors and contention
were not sufficient to warrant recharacterization of your
discharge given your repeated incidents of drug abuse. The Board
concluded that the discharge was proper as issued and no change
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,
\SDes
, ) (
W. DEAN PFEIF DAN
Ox
Executive Dire
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