DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
BIG
Docket No: 9148-09
9 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 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
yecord, 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 3 August 4987. You received two
nonjudicial punishments for driving under the influence of
alcohol and wrongful use of marijuana (two specifications) . On
21 February 1992, you were 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 ail of your procedural rights, including
your right to an administrative discharge board (ADB). On 10
April 1992, 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 and
current desire to better your life. However, the Board
concluded that your OTH discharge should not be changed due to
your serious drug-related misconduct. The Board found you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. In view o£
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,
WH
i A\ 9
W. DEAN PFI cs
Executive bidddior
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