DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08064-10
21 April 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 20 April 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 Reserve on 12 February 1988. On
9 September 1989, you received nonjudicial punishment for
wrongful use of marijuana. On 9 September 1990, administrative
separation action was initiated by reason of misconduct fer drug
abuse (use). You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your commanding officer was directed to process you
for your failure to participate in 14 required drills and he
recommended that you be discharged under other than honorable
conditions (OTH). On 14 November 1990, the discharge authority
directed an OTH discharge by reason of failure to participate in
drills. On 22 February 1991, you were so discharged. At the
time of your discharge, an RE-4B reenlistment code was assigned.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant a change in your characterization of
service given your record of one NIP for misconduct, and failure
to participate in drills. The Board noted that you waived your
right to an ADB, your best opportunity for retention or a more
favorable characterization of service. 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 impértant 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,
LSarQs
W. DEAN PFE
Executive Di¥ector
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