DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6062-10
18 March 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 March 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 31 August 1990 at age 18 and
began a period of active duty on 3 October 1990. You served for
nearly a year without disciplinary incident. However, on 3 July
1991, you were convicted by summary court-martial (SCM) of
wrongful use of cocaine. You were sentenced to confinement for
30 days, reduction to paygrade E-1, and a $200 forfeiture of pay.
On 11 December 1991 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).
On 13 December 1991 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 3 December 1991 the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct and on 9
January 1992 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 and desire to upgrade your discharge. It also
considered your assertion that your discharge was unfair since
you were punished for your illegal use of drugs when you were
convicted by SCM. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your drug-related misconduct. Further, you
were given an opportunity to defend your actions, but waived your
procedural right to present your case to an ADB. 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,
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