DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 00994-10
26 March 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 24 March 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.
You enlisted in the Marine Corps on 17 December 1996 at age 25.
Your record shows that upon enlistment you were fully briefed on
the Marine Corps’ zero tolerance drug policy the importance of
which was only underscored by the established practice of
conducting frequent urinanalysis testing. Unfortunately you
failed to conduct yourself in accordance with Marine Corps drug
policy and pursuant to your plea of guilty you were convicted at
a special court-martial on 12 January 1999 of unlawful use of
marijuana. The sentence of the court included a bad conduct
discharge (BCD).
The Board concluded that in view of the serious nature of the
charge a BCD was properly imposed and should not be changed now
as a matter of clemency.
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,
Wyo ayd
W. DEAN P R
Executive Direttor
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