DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2N
AVY ANNEX REC
WASHINGTON BC 20370-5106 Docket No: 10622-10
27 July 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 27 July 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 8 July 1991. On 19 March 1991, you signed the statement
of understanding concerning the Marine Corps zero tolerance drug
policy. On 29 January 1994, you received nonjudicial punishment
(NTP) for wrongful use of marijuana. On 24 August 1994,
administrative separation action was initiated by reason of
Misconduct for drug abuse (use). On 3 June 1994, your case was
heard by an administrative discharge board (ADB), which voted
three to zero in favor of a general discharge due to misconduct
for drug abuse (use). Your commanding officer concurred with the
ADB's finding and recommended that. you be discharged with a
general discharge by reason of misconduct due to drug abuse
(use). The discharge authority directed a general discharge.
You were so discharged on 26 August 1994.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, and the character reference letters you submitted
with your application. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service, given your record of one NJP for drug abuse
(use). The Board also noted that you were fortunate to receive a
general discharge since a separation under other than honorable
conditions is often directed when an individual is found to have
committed misconduct. Accordingly, your application has been
denied. The names and votes of the members of the panel wili 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,
Lene.
W. DEAN PF
Executive D or
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