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NAVY | BCNR | CY2011 | 02274-11
Original file (02274-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

7014S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490

 

REC
Docket No: 02274-11
23 January 2012

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 18 January 2012. 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 27 May 1980. On 5 October 1983, you were convicted by a
summary court-martial (SCM) of wrongful possession and use of
Marijuana. You were sentenced to a forfeiture of $488, and
reduction in pay grade. On 17 May 1984, you were convicted by a
special court-martial (SPCM) of violating a lawful general
order, wrongful use of marijuana, and two incidents of wrongful
possession of marijuana. You were sentenced to forfeiture of
$600, confinement at hard labor for 60 days, and reduction in
pay grade. You were informed that you would receive a general
discharge at the expiration of your term of active obligated
service and were not recommended for reenlistment. The
discharge authority directed a general discharge. You were so
discharged on 20 June 1984.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were
not sufficient to warrant any change in your character of
service, given your record of convictions by an SCM, and an SPCM
of misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed misconduct. 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,

Yo beat

W. DEAN I

Twecutive i tor

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