DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TIR
Docket No: 1591-10
12 November 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 9 November 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
injustice.
You enlisted in the Marine Corps on 2 February 1987 at age 20.
You served without disciplinary incident until 12 May 1989, when
you received nonjudicial punishment (NJP) for wrongful use of
Marijuana. The punishment imposed was reduction to paygrade E-2,
restriction and extra duty for 45 days, and a $780 forfeiture of
pay. On 23 May 1989, an investigation regarding your involvement
with dangerous drugs revealed two smoking devices and a plastic
bag with traces of marijuana. During this investigation you also
admitted using marijuana and other dangerous drugs.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 15 August 1989, 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, desire to upgrade your discharge, and post service
conduct. 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, but waived your procedural right to present your
ase to an administrative discharge board. Accordingly, your
Os . has been denied. +
at 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,
Yas \
W. DEAN FE F
Executive Di
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