DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX,
WASHINGTON DC 20370-5100
TUR
Docket No: 6493-07
13 May 2008
‘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 6 May 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 reenlisted in the Marine Corps on 8 December 2000 after four
years of prior honorable service. You continued to serve without
disciplinary incident until 24 July 2001, when you received
nonjudicial punishment (NJP) for two specifications of wrongful
possession and use of Ecstasy. The punishment imposed was
reduction to paygrade E-4 and a $788 forfeiture of pay.
On 8 August 2001 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you elected to present your
case to an administrative discharge board (ADB) . However, after
further consultation with legal counsel you elected to waive the
ADB and submitted a written request for a general discharge.
Subsequently, your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse.
This recommendation stated in part that you had shown a severe
lack of maturity and professionalism as evidenced by your choice
to use illegal drugs, and that this conduct was contrary to
everything expected of a Marine. On 6 September 2001 the
discharge authority directed discharge under other than honorable
conditions by reason of drug abuse, and on. 21 September 2001 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of prior honorable service, post service conduct, and
desire to upgrade your discharge. It also considered the
statement from the American Legion that was provided in support
of your case. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct. Finally, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. 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,
TR ae Fm
ROBERT Ds ZSALMAN
Acting Executive Director
NO
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