DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 10384-07
18 April 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 16 April 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 reenlisted in the Marine Corps on 9 November 1999 after
having served honorably from 19 August 1996 to 8 November 1999.
Unfortunately in April of 2000 you tested positive for marijuana
and were found guilty at a summary court-martial of wrongful use
of a controlled substance. As a result you were
administratively separated with an other than honorable (OTH)
discharge on 12 December 2000.
In its review of your application the Board considered all
potentially mitigating matters such as those you brought out
before the Navy Discharge Board as well as those contained in
your current application. Nevertheless because of the
seriousness of your offense, namely drug abuse, the Board
concluded that your OTH discharge was proper and should not be
changed.
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,
Wien, [0
W. DEAN PFEAXFFRR
Executive Diecto
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