DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09263-07
17 November 2008
This igs 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 13 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Marine Corps on 9 December 1987 after four
years of honorable service. On 7 September 1989, you received
nonjudicial punishment (NJP) for wrongful appropriation of a
vehicle belonging to another Marine. On 21 November 1989, you
were convicted by special court-martial (SPCM) of wrongful use of
cocaine. You were sentenced to confinement, a forfeiture of pay,
and a reduction in paygrade.
On 26 February 1990, administrative discharge action was
initiated to separate you by reason of misconduct due to drug
abuse. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB).
On 20 March 1990, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
30 March 1990, the discharge authority directed an other than
honorable discharge by reason of misconduct. You were so
discharged on 6 April 1990.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, overall record of your last period of service, and post
service accomplishments. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your misconduct that resulted in NJP and
conviction by SPCM for drug use. Further, the Board noted that
you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
o\ eg Ore IRE
Executive Di rL
N
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