DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC: 20370-5100
TAL
Docket No: 1374-10
10 November 2010
nee
This is in reference to for correction of your
naval record pursuant f 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 3 November 2010. Your allegations of error and
dance with administrative
injustice were reviewed in accor
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.
cientious consideration of the entire
d the evidence submitted was insufficient
e of probable material error or
after careful and cons
record, the Board foun
to establish the existenc
injustice.
nlisted in the Marine Corps and began 4 period of active
duty on 17 July 1991 at age 18. You received nonjudicial
punishment (NJP) on three occasions for two instances of
unauthorized absence (UA) from your unit that totaled 29 days,
missing movement, preaking restriction and two instances of
ounseled regarding your
wrongful use of marijuana. You were ©
misconduct and warned that further offenses could result in
e notified of
administrative separation. On g woril 1894, you wer
pending administrative discharge processing 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 11 April 1994, the
separation authority directed an OTH discharge by reason or
misconduct (drug abuse). On 15 April 1994 you Were sO
discharged.
lication, carefully weighed
such as your youth and
the Board concluded
b recharacterization
our misconduct that
in its review of your app
all potentially mitigating factors,
overall record of service. Nevertheless,
these factors were not sufficient to warran
of your discharge given the seriousness of y
The Board,
resulted in three NUPs. Finally, the Board found that you waived
the right to an ADB, your best opportunity for retention or a
better characterization of service. 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.
q 75. bole regard, it.is important to keep in mind that a
@ presumption ‘of regflarity attaches to all official records.
Consequently, when applying fora correction of an official naval
*#ecord, the burden is on the applicant to demonstrate the
existence of probable material error or inpjuptice .
Sincerely,
LoSracd
W. DEAN PF B
Executive Diveetor
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