DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 09859-10
29 April 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 26 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 20 January 1993. Your record
shows that you were fully briefed on the Marine Corps’ zero tolerance
drug policy the violation of which could result in court-martial
proceedings and/or administrative separation with an other than
honorable discharge (OTH). Unfortunately you were tried and
convicted at a special court-martial of wrongfully using marijuana
and being disrespectful to a superior. When you were informed that
you were being recommended for an OTH you waived your right to an
administrative board and received an OTH on 10 November 1996 due to
drug use.
In its review of your application the Board concluded that in view
of the seriousness of the offense for which you were separated your
discharge was proper as issued 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,
Ls
W. DI ]
Executive Dil
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