DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7422-09
4 June 2010
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 2 June 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps Reserve and began a period of
active duty on 20 December 1987 at age 18. On 12 March 1989, you
received nonjudicial punishment (NIP) for disrespect toward and
willfully disobeying a superior officer. On 15 October 1989, you
received NIP for wrongful use of cocaine. On 4 February 1990,
you were notified of pending administrative separation action by
reason of misconduct due to drug abuse. You elected to consult
with legal counsel and subsequently requested an administrative
discharge board (ADB). On 12 June 1990, an ADB recommended by
majority vote that you be separated with a general discharge for
misconduct (drug abuse). Subsequently, your commanding officer
concurred with the ADB and forwarded your case to the discharge
authority for review. On 5 September 1990, the separation
authority directed a general discharge by reason of misconduct
due to drug abuse. On 12 September 1990 you were so discharged.
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board also believed that you were fortunate to receive a general
discharge since a characterization under other than honorable
conditions is often directed when a Marine is separated for
misconduct. Finally, no discharge is upgraded merely because of
the passage of time. 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,
Lone:
W. DEAN P
Executive Bi for
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