DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN:tijr
Docket No: 3434-10
11 February 2011
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 February 2011. 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 26 December 1990 at age 18
and served for nearly a year without disciplinary incident.
However, on 7 November 1991 you received nonjudicial punishment
(NIP) for wrongful use of marijuana. At that time you were
advised that any further deficiencies in your performance and
conduct could result in an administrative separation.
On 12 May and again on 8 July 1954 you received NUP for wrongful
use of marijuana. As a result, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to drug abuse. On 22 July 1994 the discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 1 August 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, desire to upgrade your discharge, and the passage of
time. 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 three NUPs. Further, you were given an opportunity
to defend yourself, but waived your procedural right to present
your case to an ADB. Accordingly, your application has been
“denied. ”
j a .
It is regretted that the circumstances of your case are such that
favorable action gannot 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
Executive rach o
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