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NAVY | BCNR | CY2009 | 09140-09
Original file (09140-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5700

 

BUG
Docket No: 9140-09
9 June 2010

 

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 cf 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 8 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 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 26 August 1981. You received two
nonjudicial punishments and were convicted by a summary court-
martial for wrongful possession of drug paraphernalia, wrongful
possession and use of marijuana, and making a false official
statement. You were then notified that your commanding officer
was recommending you for administrative separation with an
other than honorable (OTH) discharge due to misconduct (drug
abuse). You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On 12
February 1985, you received an OTH discharge due to misconduct
(drug abuse), 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.
However, the Board concluded that your OTH discharge should not
be changed due to your serious and repetitive misconduct. The
Board found 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.

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,

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