DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:echb
Docket No. 01173-11
8 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 7 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.
Your record shows that after you were granted a drug waiver for
pre-service of marijuana on ten occasions you enlisted in the Marine
Corps on 6 December 1999. Because you had received a drug waiver
you were expressly warned that any further use of illegal drugs would
result in either trial by court-martial or involuntary
administrative separation. Unfortunately a little over 18 months
after receiving this warning you received non-judicial punishment
(NIP) for using marijuana and making a false official statement.
Your record also shows that a little less than two months before this
you received NJP for underage drinking and being drunk on duty. As
a result of your illegal drug usage you were separated with an other
than honorable discharge {OTH) after waiving your right to an
administrative discharge board (ADB) where with the assistance of
a military lawyer you could have requested retention or a better
discharge.
In its review of your application the Board carefully considered all
extenuating and mitigating factors such as the personal problems you
had to deal while you were in the Marine Corps. Also taken in account
waS your post-service conduct. Nevertheless the Board concluded
that these matters could not overcome the willful and serious nature
of your misconduct even after you had been warned of the consequences
of continued drug usage. Under these circumstances the Board
believed that your discharge was proper as issued and should not be
changed now as a matter of clemency.
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,
Ly }
W. DEAN
Executive Di
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