DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 06618-10
14 October 2010
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 13
October 2010. 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 7 September 1994. Your record
also shows that you were fully briefed on the Marine Corps’ zero
tolerance drug policy. Although you enlisted for a term of four
years you only served a little more than one year and six months and
were involuntary separated with an other than honorable discharge
(OTH) for misconduct. Specifically between April 1995 and April
1996 you received three nonjudicial punishments. Your offenses were
unauthorized absence (UA) of 44 days, UA of four days, UA of 13 days
and wrongful use of marijuana. When you were informed that you were
being recommended for separation with an OTH you waived your right
to appear before an administrative discharge board where with the
assistance of a military lawyer your could have requested retention
or a better discharge.
In its review of your application the Board concluded that in view
of your repeated acts of misconduct, several of which were serious,
as well as your apparent willingness to accept an OTH rather than
try to serve out your enlistment your discharge was legally proper
and fair and should not be changed now as a matter of clemency.
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,
LoSsonnd .
W. DEAN PF!
Executive Ditec
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