DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06870-08
8 May 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 5 May 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 and began a period of active
duty on 17 July 1990. On 19 January 1993, you received
nonjudicial punishment (NUP) for wrongful use of marijuana. You
received a reduction in paygrade, a férfeiture of pay,
restriction, and extra duty.
On 6 May 1993, administrative discharge action was initiated to
separate you by reason of misconduct due to drug abuse. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB).
On 17 May 1993, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On 11 June
1993, the discharge authority directed an other than honorable
discharge by reason of misconduct due to drug abuse. You were so
discharyed on 25 June 1993.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, the character letters accompanying your
application, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in NJP for drug use. Further, the Board noted that
you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
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