DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 8559-10
21 January 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 20 January 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 26
August 1996. On 30 October 1997 you were diagnosed as having an
adjustment disorder with a depressed mood, and a personality
disorder with borderline and histrionic traits. You received
nonjudicial punishment on two occasions for an unauthorized
absence and use of marijuana. On 15 October 1998 you were found
to be drug and alcohol dependent and were offered treatment for
drugs, which you declined.
On 26 October 1998 your commanding officer recommended that you
be separated from the Marine Corps with a discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. After review by the discharge authority, the
recommendation for separation was approved and on 20 November
1998 you were separated by reason of misconduct with a discharge
under other than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record, as well as your contention that a mental disorder caused
your misconduct. The Board concluded that those factors are
insufficient to warrant recharacterization of your service or a
change in reason for the discharge, given your involvement with
illegal drugs. Further, there is no evidence which demonstrates
that you suffered from a mental disorder that warranted a medical
separation or retirement discharge. 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,
i
. DEAN PFET
Executive Dix
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