DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00431-0838
9 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
A‘-three-member panel of the Board for Correction of Naval cn etpen
Récords; sitting in executive session, considered your’. 0
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. a .
nt
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 6 November 2002, at the age
= OF 17a: On 4 February 2004, you were charged with wrongfully
consuming alcohol while under age and willful dereliction of your .
duties, You were counseled and warned that further misconduct
_, could result in an administrative discharge under other than
a general court-martial (GCM) for wrongful use and possession of
marijuana with the intent to distribute. You were sentenced to a
forfeiture of all pay and allowances, confinement for two years,
-. reduction in pay grade to E-1 and a bad conduct discharge {BCD} ..
On 16 January 2006, you commenced appellate leave. After — ©
‘appellate review, on 6 December 2006, the discharge authority
directed the execution of your BCD. On 3 January 2007, you were
so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant yecharacterization
ef your discharge given your record of conviction of very serious
“-fonorable conditions. On 12 February 2004, you were convicted.at .-
offenses by GCM. 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,
SS
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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. 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...
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