DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4905-09
19 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 27 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 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 on 5
November 1985. You received nonjudicial punishment on two
occasions for wrongful use of marijuana. On 6 February 1987 you
were discharged by reason of misconduct. due to drug abuse 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 and overall
service as well as your unsubstantiated contention to the effect
that you were the victim of sexual assaults while in the Marine
Corps. The Board concluded that those factors in your case are
insufficient to warrant upgrade of your discharge, given your
repeated unlawful use of marijuana. 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,
\d
W. DEAN PF R
Executive D o
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