DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02738-11
1 December 201.1
This is in reference
naval record pursuan
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
sitting in executive session, considered your
our allegations of error and
reviewed in accordance with administrative
icable to the proceedings of this
Board consisted of
together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
Records,
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.
at age 20.
dn 19 duly 1991, you received counseling concerning 4 regulation
violation by drinking alcohol while in the field. On 23 November
1993, you received nonjudicial punishment (NIP)
from your appointed place of duty. On 13 February 1996, you
received NUP for wrongful use of marijuana. On 14 March 1996,
administrative separation action was initiated by reason of
misconduct (drug abuse). You waived your rights to consult
submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct for (drug
abuse). On 18 March 1996, the discharge authority directed an
OTH discharge by reason of misconduct for drug abuse (use). On
20 March 1996, you were so discharged. At that time you were
assigned an RE-4B reentry code.
You enlisted in the Marine Corps on 16 October 1989,
counsel,
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of two NUJP’s for misconduct
and drug abuse. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a more favorable
characterization of service. 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,
DN ea K]
Executive Di
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