DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8366-10
10 June 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 8 June 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 and began a period of active
duty on 29 May 1991 at age 18. On 30 June 1992, you were
counseled regarding your financial irresponsibility by writing
insufficient fund checks, failure to pay a bill in a timely
manner, and unauthorized absence (UA). On 7 December 1992, you
were counseled regarding UA from your appointed place of duty.
On 3 December 1993, you received nonjudicial punishment (NUP) for
attempting to purchase a controlled substance (Depo-
Testosterone), conspiracy with other Marines to buy steroids and
possession of drug paraphernalia (syringes). You did not appeal
the NUP. On 12 August 1994, you were again counseled as a result
of your release from a military protective order, issued for
alleged spousal abuse. You were the subject of a medical board
that diagnosed you with a posterior cruciate ligament deficient
right knee. You were found to be unfit to perform the duties of
your grade, rank or rating due a physical disability. On 1 March
1995, you were discharged with an honorable characterization of
service due to physical disability.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant removing the NUP.
Additionally, the Board noted that you did not appeal the NUP and
concluded that its removal from your record was unwarranted.
Finally, no NUP is removed from a record merely because of the
passage of time. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request. 4
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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