DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11465-1090
3 August 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 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 reenlisted in the Marine Corps on 28 March 1991 after more
than four years of prior honorable service. On 6 November 1992,
you successfully completed Level III residential rehabilitation
program, On 25 October 1993, you were counseled regarding. your
misconduct and warned that further offenses could result in
administrative separation. On 7 July 1994, you received
nonjudicial punishment for wrongful use of cocaine. On 7
September 1994, you were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct (drug abuse). You elected to consult with
legal counsel and subsequently requested an administrative
discharge board (ADB). On 3 September 1994, an ADB unanimously
found that you had committed misconduct and recommended that you
be discharged under OTH conditions due to drug abuse. On 18
October 1994, the separation authority directed an OTH discharge
by reason of misconduct due to drug abuse. On 9 November 1994
you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board conciuded these
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct. Finally,
there is no provision of law or in Marine Corps regulations that
allows for recharacterization of service due solely to 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.
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. Dare,
W. DEAN “PPE
Executive D r
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