DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 04544-11
17 February 2012
iii
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 15 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 entered active duty in the Marine Corps on 20 June 1995, and
served without disciplinary incident until 1 February 1996, when
you received nonjudical punishment (NJP) for the illegal use of a
controlled substance (marijuana). Therefore, you were
recommended for separation with an other than honorable (OTH)
discharge due to misconduct (drug abuse). You waived all of your
procedural rights, to include your right to an administrative
discharge board (ADB). The separation authority approved the
recommendation. On 22 April 1996, you were separated with an OTH
discharge and an RE-4B reenlistment code due to misconduct (drug
abuse) .
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, sobriety, belief that the offense was a long time ago
and that you have already paid the price for your mistake.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge due to
your misconduct (drug abuse). Moreover, you waived your right to
an ADB, your best opportunity for retention or a better
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 itjustice.
Sincerely,
\p Nene
W. DEAN P
Executive D4 or
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