DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10797-1090
29 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 22 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 ali 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 28 April 1993 at age 21. On 28 April 1994, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) £rom
your unit for a period of 20 days and wrongful use of marijuana.
On 31 July 1995, you were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct (drug abuse}. You waived ali of your
procedural rights, including your right to an administrative
discharge board (ADB). On 11 September 1995, the separation
authority directed an OTH discharge by reason of misconduct (drug
abuse). On 15 September 1995 you were so discharged.
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 recharacterization
of your discharge given the seriousness of your misconduct and
‘your admission of drug use. Finally, the Board found that you
waived the right to an ADB, your best opportunity for retention
or a better 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 important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, whe 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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