DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04424-11
15 February 2012
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 14 February 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 19 October 1993. The Board found that on 10 November
1995, you were counseled regarding your behavior, and warned
that further misconduct could result in administrative discharge
action. On 1 December 1995, you received nonjudicial punishment
(NJP) for nine days of unauthorized absence. On 3 April 1996,
you were convicted by summary court-martial (SCM) of wrongful
use of marijuana. You were sentenced to reduction in paygrade,
a forfeiture of pay, and confinement. On 23 July 1996, you were
notified of pending administrative separation action by reason
of misconduct due to a pattern of misconduct. You elected to
consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 21 August 1996, an
ADB, found that you had committed misconduct due to a pattern of
misconduct, and recommended discharge under other than honorable
(OTH) conditions. Subsequently, your commanding officer
concurred with the ADB and forwarded your case to the separation
authority for review. On 11 October 1996, the separation
authority directed an OTH discharge by reason of misconduct. On
24 October 1996 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record
of service, character letters, and impressive post service
accomplishments. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given your NJP, conviction by SCM of wrongful
drug use, and the fact that you were counseled and warned before
your first NJP of the consequences of further 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,
W. DEAN PFET
Executive r zr
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