DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1212-11
28 October 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 October 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 26 January 1988 at age 19. You received nonjudicial
punishment (NJP) on two occasions for misbehaving as a sentinel
(sitting down while on duty), insubordinate conduct toward a
superior noncommissioned officer and communicating a threat.
On 18 October 1992, you were convicted by special court-martial
(SPCM) of wrongful use of cocaine. The sentence imposed was
confinement for two months, reduction in paygrade, 4 forfeiture
of pay and a bad conduct discharge (BCD). After appellate review
the convening authority disapproved the BCD. Based on the
information currently contained in your record it appears that
you were subsequently processed for an administrative discharge
by reason of misconduct due to drug abuse. In connection with
this processing, you would have acknowledged the separation
action and the separation authority would have approved a
recommendation for separation. The record clearly shows that on
14 February 1992, you were discharged with an OTH
characterization due to misconduct (drug abuse).
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 SPCM. Finally, there is no provision
of law or in Navy 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,
pS tans,
W. DEAN PFEIREER
Executive Dire¢t
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