DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11481-10
27 July 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 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 9
February 1993. You received nonjudicial punishment on two
occasions for stealing an armed forces identification from
another Marine, procuring and consuming alcoholic beverages
while underage, and wrongful use of marijuana. You were then
notified that your commanding officer was recommending you for
administrative separation with an under other than honorable
(OTH) conditions characterization of service due to misconduct
(drug abuse). You waived your procedural right to an
administrative discharge board (ADB). On 20 December 1994, you
received a general discharge due to misconduct (drug abuse),
and were assigned an RE-3B (in-service drug use) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to serve in the armed forces. However, the
Board concluded that your discharge, reason for separation, and
reentry code should not be changed due to your acts of
misconduct and drug abuse. The Board found that you waived the
right to an ADB, your best opportunity for retention or a
better characterization of service. The Board noted that you
were fortunate to receive a general discharge, since Marines
who have committed misconduct such as yours often receive an
OTH characterization of service. You are advised that no
discharge is upgraded automatically due solely to the passage
of time or post service good conduct. In view of the above,
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,
IF
Executive Dir
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