DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 9635-07
11 July 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 8 July 2008. Your allegations of error and
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 reenlisted in the Marine Corps on 12 January 1991 with about
four years of active service on a prior enlistment. On 19 June
1991, you received nonjudicial punishment (NUP) for wearing an
earring while in uniform. The punishment imposed included a
reduction in rank from corporal to lance corporal. On 16 January
1992, you received NIP for use of Marijuana. The punishment
included a reduction in rank to private first class, 60 days
restriction and forfeitures of pay which was suspended.
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to drug
abuse. Although it is not stated in the record, it appears that
you elected to waive the right to have your case considered by an
administrative discharge board. After review, the discharge
authority directed discharge under other than honorable
conditions by reason of misconduct and you were so discharged on
~ 17 March 1992.
In its review of your application the Boar
potentially mitigating factors, such as you prior honorable
service. You further contend that your NUP for wearing an
earring was improper because you were not wearing an earring but
had only had your ear pierced so that you could wear one off
duty. You further contend that given your version of events that
a reduction in rank was too severe and you should be reinstated
as a noncommissioned officer. The Board found that these factors
and contentions were not sufficient to warrant recharacterization
of your discharge given your documented drug use. It is clear
that you knew the possible consequences of drug usage but did so
anyway. Since you have been treated no differently than others
in your situation, the Board concluded that the discharge under
other than honorable conditions was proper as issued and no
change is warranted.
Please be advised that NUJP evidence is routinely destroyed after
several years, and the only evidence is the entry in your service
record showing that you received NJP for wearing an earring while
in uniform. It is clear that if you had been improperly charged
you would have contested that issue at the time. Given the
passage of time, there is no basis to change the NJP punishment
to show that you were not reduced. However, even if you had been
serving as a corporal when you received NUP for drug abuse, you
would have been reduced in grade at that time.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
You may be eligible for veterans benefits based on your honorable
service in your first enlistment. Therefore, if you have been
denied benefits, you should appeal that denial under procedures
established by the Department of Veterans Affairs.
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,
Executive Dil or '
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