DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: .02874-0a9
28 December 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 15 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 on 18 January 1986, and served
without disciplinary incident until 25 March 1987, when you were
arrested in North Carolina for trafficking, selling and
distributing cocaine. On 20 April 1987, you were convicted in
civil court and sentenced to seven years confinement. Your case
was heard by an administrative discharge board, which voted
unanimously to separate you with an other than honorable (OTH)
discharge due to misconduct. Therefore, on 13 July 1987, you
were separated with an OTH discharge and an RE-3B reenlistment |
code due to your civil conviction.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because, of the seriousness
‘of your misconduct. 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,
W. DEAN bee F
Executive Di
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