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NAVY | BCNR | CY2009 | 03020-09
Original file (03020-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106

REC

Docket No: 03020-09
27 January 20190

 

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, gitting in executive session, considered your

‘application on 26 January 2010. 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 conscientidéus 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
duty on 16 June 2003, at age 17. On 19 December 2003, you
received nonjudicial punishment (NIP) for wrongful use of
Marijuana. On 30 December 2003, you were notified that
administrative discharge action was initiated to separate you by
reason of misconduct due to your drug abuse. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 16 January
2004, the discharge authority directed an other than honorable
discharge by reason of misconduct due to drug abuse. You were so
discharged on 3 February 2004,

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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your wrongful use of marijuana. The
Board noted that you waived your right to an ADB, your best
opportunity for retention or @ better.characterization of
service. 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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