DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 12222-08
4 November 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 4 November 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 11 February 1986, and served
without disciplinary incident until 23 August 1988, when you
received nonjudicial punishment (NUP) for writing checks without
sufficient funds.
Shortly thereafter, you received the following NUP’s: on 14.
September 1988, for breaking restriction; and on 30 June 1989,
for unauthorized absence (UA). In addition, on 23 January 1990,
you were convicted at a summary court-martial for the use of an
illegal substance (cocaine) and on 31 May 1990, you were
convicted at a special court-martial (SPCM) for UA and for the
use of an illegal substance (cocaine), and awarded a bad conduct
discharge (BCD). Therefore, on 17 July 1930, you were separated
from the naval service with a BCD and an RE-4 reenlistment code
due to your conviction at the SPCM.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct ~
due to drug abuse. Finally, there is no provision in the law or
regulations that allows for recharacterization of service due
solely to the passage of time. 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, \
y
W. DEAN PFET
Executive Dire
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