DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2859-08
10 April 2009
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 April 2009. 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.
On 5 March 1990, you enlisted in the Marine Corps at age 18 after
being granted a pre-service drug abuse waiver. On 28 March 1990,
you had nonjudicial punishment (NJP) for two instances of failure
to obey a lawful order. During the period 14 December 1990 to
28 March 1991, you participated in Operations Desert Shield and
Desert Storm. On 13 September 1991, you had NJP for failure to go
to your appointed place of duty. On 6 February 1992, you were
counseled for having suicidal ideation. On 7 February 1992, a
medical evaluation stated that you had been seeing a civilian
psychiatrist during August 1991, were depressed, and had suicidal
ideation and thoughts of self harm. On 19 February 1992, a
psychiatric evaluation stated that you self referred because of
chronic unhappiness and suicidal ideation. The evaluation found
that you abused alcohol, diagnosed you as having an adjustment and
borderline personality disorder, and concluded that you were
potentially unsuitable for further service, but needed continued
evaluation. On 28 February 1992, another psychiatric evaluation
stated that you reported self injury and recurrent suicidal ideation,
and restated the previous psychiatric evaluation findings and
diagnoses. On 1 September 1992, your urinalysis tested positive for
marijuana. On 23 September 1992, you received a substance abuse
evaluation and admitted using marijuana on 30 August 1992. On
30 September 1992, you had NUP for use of marijuana.
On 15 December 1992, your commanding officer initiated administrative
separation by reason of misconduct due to drug abuse. In connection
with this processing, you acknowledged that separation could result
in an other than honorable (OTH) discharge and although you first
elected to have your case heard by an administrative discharge board
(ADB), you later waived that right. On 9 March 1993, the separation
authority approved the recommendation and directed an OTH discharge
by reason of misconduct due to drug abuse. On 19 March 1993, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contention that your constant pain and
depression clouded your judgment. Nevertheless, the Board concluded
that these factors and contention were not sufficient to warrant
recharacterization of your discharge due to the seriousness of your
misconduct. The Board also noted that although you first elected to
have your case heard by an ADB, you later waived that right, which
was your best opportunity for retention or a more favorable
characterization of service. Therefore, the Board concluded that the
discharge was proper as issued and no change is warranted.
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,
lotto?
W. DEAN PFET
Executive Dir
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