DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3313-11
17 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 12 January 2012. The names and votes of the
members of the panel will be furnished upon request. 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 on 25 June 2001 at age 18 and
began a period of active duty. You served for about two years
without disciplinary incident, but on 7 March and again on 5 June
2003, you received nonjudicial punishment (NOP) for four
specifications of failure to obey a lawful order. You were also
counselled regarding your consuming alcoholic beverages while
underage, walking off-base with an open container, and illegal
. drug involvement.
Subsequently, you were processed for an administrative separation
by reason of misconduct. After waiving your procedural rights to
consult with legal counsel and to present your case to an
administrative Gischarge board (ADB), your commanding officer
recommended you be issued a discharge under other than honorable
conditions by reason of misconduct. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions. On 26 September 2003, while serving
in paygrade E-2, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade the
characterization of your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct, which resulted in two NUPs, and included
illegal involvement with drugs. Finally, the Board noted that
you were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
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,
LD Year Y
W. DEAN BF |
Executive re r
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