DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
‘WASHINGTON DC 20370-5100 REC
Docket No: 00368-09
6 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 23 October 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.22 January 1986. On
23 February 1988, you received nonjudicial punishment (NJP) for
wrongful use of a controlled substance. On 12 December 1988, you
received another NUP for wrongful use of a controlled substance.
On 3 April 1989, you were sentenced at a general court-martial
(GCM) for wrongfully introducing aboard the Marine Corps Air
Ground Combat Center, Twentynine Palms, California 19.35 grams of
marijuana, with the intent to distribute, wrongful use of
marijuana and wrongful use of amphetamine and methamphetamine.
You were sentenced to confinement for one year, a forfeiture of
$500 pay, and a bad conduct discharge (BCD). You received the
BCD after appellate review was completed. You were so discharged
on 2 April 1991,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such ag your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacteri zation
of your discharge given your record of two eee for drug use,
and conviction hy GCM for drug use and possession with intent to
distribute. 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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