DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11145-0909
29 July 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 28 July 2010. Your allegations of error and
injustice were reviewed in accordancé 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 5 December 1989. You received
‘nonjudicial punishment (NUP) on two occasions for an
unauthorized absence totaling 22 days, losing your armed forces
identification card, and wrongfully fleeing the scene of an
accident. On 3 November 1992, administrative separation
processing had begun due to your alcohol rehabilitation
failure. You were to receive a general discharge. However, on
17 November 1992, you received your third NUP for the wrongful
use of cocaine. 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 all of your procedural rights, including
your right to an administrative discharge board (ADB). On 28
March 1993, 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
alcohol abuse problems. However, the Board concluded that your
discharge should not be changed due to your misconduct and drug
abuse. The Board found 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.
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,
W. DEAN PF R
Executive Dwredctor
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