DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 2442-07
31 January 2008
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 24 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 16 December 1985 at age 19.
You the served in a satisfactory manner for almost 22 months. On
1 October 1987 you received nonjudicial punishment (NUP) for
wrongful use of a controlled substance. However, you were
retained in the Marine Corps. On 13 April 1989, you again
received NJP for wrongful use of a controlled substance.
Based on the foregoing record of misconduct, you were processed
for 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 16
June 1989,
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your periods of good
service and your contention, in effect, that the last incident of
drug abuse was an isolated incident in an otherwise good record.
The Board found that these factors and contention were not
sufficient to warrant recharacterization of your discharge given
your multiple incidents of drug abuse. The Board concluded that
the discharge was proper as issued and no change is warranted.
Accordingly, your application has been
votes of the members of the panel will
It is regretted that the circumstances
favorable action cannot be taken. You
denied. The names and
be furnished upon request.
of your case are such that
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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