DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03843-10
28 January 2011
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 26 January 2011. 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 18 July 1989. On 31 October
1991, you were counseled concerning an alcohol-related incident
when you assaulted a fellow Marine. On 5 March 1992, you
received nonjudicial punishment (NOP) for operating a motor
vehicle without a license, violating a barracks order by having a
female in your room, making a false official statement,
communicating a threat, and being drunk and disorderly. On
8 April 1993, you received NUP for wrongful use of a controlled
substance. Administrative discharge action was initiated by
reason of misconduct (drug abuse). Your case was heard by an
administrative discharge board (ADB), which voted three to one in
Favor of an other than honorable (OTH) discharge due to
misconduct (drug abuse). Your commanding officer concurred with
the ADB’s finding and forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct (drug abuse). On 4 August 1993, you received the OTH
due to misconduct (drug abuse). At that time you were assigned
an RE-4B reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant changing the reason or
characterization of your discharge given your record of two NJP’s
for misconduct and drug abuse (use). An RE-4B reentry code is
required when an individual is discharged due to inservice drug
abuse. 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,
LSsuacke
W. DEAN PF
Executive tor
[ea
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