DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
This is in reference to your application for correction of your
ecord 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 11 May 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 entered active
duty in the Marine Corps on 23 September 1987. You received
nonjudicial punishment for making a false official statement
regarding your pre-service drug abuse. On 17 January 1991, you
were notified of pending administrative separation action for
failure to disclose your pre-service wrongful use of cocaine
and lysergic acid diethylamide, and self-admitted wrongful use
of marijuana while you were on active duty. You waived your
right to an administrative discharge board (ADB). On 13 April
1992, you received an other than honorable (OTH) discharge for
fraudulent entry, and were assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and drug
abuse problems. However, the Board found that your OTH
discharge should not be changed due to your fraudulent entry.
The Board also noted that you waived your right to an ADB, your
best opportunity for retention or a better characterization of
service. In view of the above, your application has been
denied. The names and votes of the members of the panel will
be furnished upon request.
Tt 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
im) wet. oer.
Sincerely,
ROBERT D. ZSALMAN
Acting Executive Director
Copy to:
The Honorable Patrick J. Kennedy
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of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of . 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.
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