DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
- @ NAVY ANNEX
WASHINGTON DG 20370-5100 CRS
Docket No: 11714-08
27 November 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 24 November 2009. Your allegations of error and
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. .
The Board found that you enlisted in the Marine Corps on 25 June
00: . ssumhary court-martial convened on 21 October 2003 and
found you guilty of wrongful use of marijuana on two occasions.
The court sentenced you to confinement for 20 days and reduction
in rate.
On 6 November 2003 your commanding officer recommended that you
be separated from the Marine Corps with a discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. When informed of that recommendation, you waived the
right to present your case to an administrative discharge board.
On 26 January 2004 you were discharged by reason of misconduct
with a discharge under other than honorable conditions.
The Board carefully considered your contention to the effect that
you had a problem with alcohol while serving in the Marine Corps
but found it insufficient to warrant upgrading your discharge by
reason of misconduct due to drug abuse. 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,
is DEAN
Executive
Copy to: Disabled American Veterans
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