DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4687-10
17 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 15 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
in neti te,
You enlisted in the Marine Corps on 19 May 1990 at age 17 and
began a period of active duty on 25 June 1990. You served
without disciplinary incident until 14 June 1993, when you
received nonjudicial punishment (NUP) for wrongful use of
marijuana. The punishment imposed was reduction to paygrade E-2,
restriction and extra duty for 45 days, and a $912 forfeiture of
pay, which was suspended for six months.
Subsequently, on 21 June 1993, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
22 July 1993 an ADB recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 25 August 1993 your commanding officer, in concurrence with
the ADB, also recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 13
September 1993 the discharge authority approved these
recommendations and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse, and on 1 October 1993, 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. It also considered your assertion that you could not
deal with post combat stress and were not afforded any help or
assistance with thgs problem. Nevertheless, the Board concluded
these factors were#not sufficient to warrant recharacterization
of your discharge because of the seriousness of your drug-related
misconduct and disregard for the Navy’s “Zero Tolerance” policy.
Accordingly, your application has been denied.
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,
onary
W. DEAN P
Executive
or
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