DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04755-08
3 March 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 24 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 1 March 1988, and served
without disciplinary incident until 24 May 90, when you received
a nonjudicial punishment (NJP) for failure to obey a lawful
order.
Shortly thereafter, on 2 August 1991, you received NUP for
disrespect in language toward a noncommissioned officer and
failure to obey a lawful order. On 3 October 1991, you received
another NUJP for conspiring to wrongfully introduce seven tablets
of LSD onto a military installation through the U.S. mail.
Therefore, on 13 December 1991, you were recommended for
separation with an other than honorable (OTH) discharge for
misconduct due to drug abuse. On 24 December 1991, the
separation authority approved the recommendation and on 24
December 1991, you were separated with an OTH discharge and an
RE-4B reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge, a change to your separation
or reenlistment code because of the seriousness of your
misconduct. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request. The Board noted that block 28 (Narrative Reason
for Separation) of your DD Form 214 should read “Misconduct -
Drug Abuse” vice “Conduct Triable by Court Martial [sic] (Request
for Discharge) For Good of The Service.”. If you would like this
change, please request it from Headquarters Marine Corps (Code
MMSB) .
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,
\ Neu ct
W. DEAN E
Executive D Oo
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