DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
RDZ:ecb
Docket No. 04892-09
24 June 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 17 June 2009. Your aliegations 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 ali 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. ,
You enlisted in the Marine Corps on 9 June 2003. At that time
you were fully briefed on the Marine Corps’ zero tolerance drug
policy. Unfortunately on 3 March 2006 you admitted to smoking
marijuana prior to deployment to Iraq and then smoking marijuana
and hashish while serving in Iraq. For these offenses you
received nonjudicial punishment and were recommended for
discharge under other than honorable conditions (OTH). When you
were informed of your right to appear before an administrative
discharge board where you would be represented by military
counsel and where you could argue for retention or a better
discharge you chose to waive your rights and accept an OTH. You
were so discharged on 19 April 2006.
In its review of your discharge the Board concluded that in view
of multiple instances serious misconduct (drug abuse) as well as
your willingness to accept an OTH your discharge was proper as
issued and should not be changed now as a matter of clemency.
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,
LD Don
W. DEAN PFEIFRE
Executive Diree&t
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