DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
TAL
Docket No: 11911-10
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 enlisted in the Marine Corps and began a period of active
duty on 10 February 1993 at age 20. On 2 September 1993 you were
counseled regarding an alcohol related incident which resulted in
an arrest for public intoxication and unauthorized absence {UA)
from your appointed place of duty. You were warned that further
offenses could result in administrative separation. You received
nonjudicial punishment (NJP} on two occasions for wrongful use of
marijuana, disobeying a lawful regulation, disorderly conduct and
failure to go to your appointed place of duty. You were notified
of pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 2 August 1995, the
separation authority directed an OTH discharge by reason of
misconduct (drug abuse). On 11 August 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 that
resulted in two NUPs and a civil arrest. The Board noted you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. Finally, no discharge
is automatically upgraded due to passage of time or an
individual's good behavior after discharge. 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,
W. DEAN ARR
Executive Directo
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