DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2077-08
23 January 2009
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 22 January 2009. The names and votes of the
members of the panel will be furnished upon request.
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 enlisted in the Marine Corps on 19 November 1990 at age 19.
You served without disciplinary incident until 29 January 1992,
when you received nonjudicial punishment (NJP) for failure to go
to your appointed place of duty. About seven months later, on 12
August 1992, you signed a certification of rights regarding
summary courts-martial proceedings. On 13 August 1992 you were
convicted by summary court-martial (SCM) of wrongful use of
marijuana. You were sentenced to a reduction to paygrade E-1 and
confinement for 30 days.
On 9 January 1993 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 1 February 1993 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to drug
abuse. On 8 February 1993 the discharge authority approved this
recommendation and on 18 February 1993 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that your discharge was inequitable
because it was based solely on one isolated incident. It also
considered your assertion of misrepresentation prior to your
conviction by SCM. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
included wrongful use of marijuana. Further, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Finally, there is documented
evidence in the record that is contrary to your assertion of
misrepresentation prior to conviction by SCM. Accordingly, your
application has been denied.
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 Dirac
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