DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
SON
Docket No: 013125-09
8 December 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 1 December 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 and began a period of active due
on li .dune 1986 at age 19. On 30 January 1988, you received
nonjudicial punishment (NJP) for unauthorized absence. On
28 November 1988, you were convicted by summary court-martial
(SCM) of wrongful use of cocaine. You received a forfeiture of
pay, confinement, and a reduction in paygrade. Additionally, you
were counseling and warned that further misconduct could result
in administrative discharge action. On 12 September 1991, you
were convicted by special court-martial (SPCM) of wrongful use of
cocaine. You were sentenced to confinement, a forfeiture of pay,
reduction-in paygrade, and bad conduct discharge (BCD). You
received the BCD after appellate review was completed.
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 recharacterization
of your discharge given your record of NUP and conviction by SCM
and SPCM for drug abuse. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request. oe
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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