DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1506-10
20 October 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 13 October 2010. The names and votes of the
members of the panel will be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
La | gsti te.
You enlisted in the Marine Corps on 1 March 1993 at age 21.
About six months later, on 29 September 1994, you were counselled
regarding deficiencies in your performance and conduct. As such,
you were relieved from Presidential Support Duty due to your
alcohol dependency problem and despondent feelings. You were
also recommended for substance abuse counselling.
On 7 November 1994 you received nonjudicial punishment (NUP) for
wrongful use of marijuana and were awarded restriction and extra
duty for 45 days, reduction to paygrade E-2, and a $932
forfeiture of pay. Shortly thereafter, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. Your commanding officer noted, in part, that in September
1994 you had been diagnosed as an alcohol abuser, and in November
1994 you were diagnosed as a drug abuser. After waiving your
procedural rights, the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 14 December
1994, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct which
resulted in an NUP. Further, you were given an opportunity to
defend yourself, bug waived your procedural right to present your
case to an administrative discharge board. Accordingly, your
application has been denied.
Regarding your request for a hearing, Board regulations state
that personal appearances before the Board are not granted as a
right, but only when the Board determines that such an appearance
will serve some useful purpose. In your case, the Board
determined that a personal appearance was not necessary and
considered your case based on the evidence of record.
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,
Qa s :
W. DEAN P
Executive tor
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