DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8994-09
18 June 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 16 June 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicabie 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. j
You reenlisted in the Marine Corps after more than three years of
prior honorable service. On 6 January 2005, you were convicted
by summary court-martial of wrongful use of marijuana. At that
time you were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. —
You were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
(drug abuse). You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
The ADB found that you had committed misconduct and recommended
that you be discharged under other than honorable (OTH)
conditions due to drug abuse. Your commanding officer concurred
with the findings of the ADB and forwarded your case to the
discharge authority for review. On 27 April 2005, you received
nonjudicial punishment for wrongful use of marijuana.
On 26 April 2005, the separation authority directed an OTH
discharge by reason of misconduct due to drug abuse. On 29 April
2005 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 concluded
these factors were not sufficient to warrant recharacterization
ef your discharge given the seriousness of your misconduct.
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,
\e |
W. DEAN PFE
Executive D r
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