DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8755-08
18 June 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 17 June 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 and medical records,
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. The Board found that you had prior
honorable service in the Marine Corps from 22 June 1982 until
7 February 1986. You reenlisted in the Marine Corps for four
years on 7 February 1986. You received nonjudicial punishment
on 3 October 1991 for wrongful use of cocaine. On
17 December 1991, you were notified of pending administrative
separation processing with an other than honorable (OTH)
discharge for misconduct due to drug abuse. You requested an
administrative discharge board {ADB), which met on 27 March
1992, and found that you had committed misconduct due to drug
abuse and recommended an OTH discharge. You denied knowingly
using cocaine at your ADB. On 24 April 1992, you received an
OTH discharge for misconduct due to drug abuse, and were
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your prior honorable
service and remorse. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your OTH discharge because of your drug abuse. In view of
the above, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
The Board noted that you may be eligible for veterans’ benefits
based on your prior honorable service. You may contact the
Department of Veterans Affairs for more information.
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,
Nr
W. DEAN PF R
Bxecutive Director
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