DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3976-09
22 February 2010
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 18 February 2010. Your allegations of error and
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps Reserve on
19 September 1988. You received nonjudicial punishment on two
occasions for wrongful possession of marijuana.
On 7 October 1989 your commanding officer recommended that you be
separated from the Marine Corps Reserve with a discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. When informed of that recommendation, you waived the
right to present your case to an administrative discharge board.
After review by the discharge authority, the recommendation for
separation was approved and on 15 March 1990 you were separated
by reason of misconduct with a discharge under other than
honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and good post service conduct. The Board
found those factors insufficient to warrant recharacterization of
your service, given your repeated use of drugs. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It igs 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,
Rr TR BD. ees
ROBERT D.“4SALMAN
Acting Executive Director
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