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Decision Text

NAVY | BCNR | CY2012 | 01629 12
Original file (01629 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

 

iene mene

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 28 November 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

You reenlisted in the Marine Corps on 1 November 1995 after more
than three years of prior honorable service. On 13 November
1995, your command received positive results for methamphetamine
from a urinalysis taken by you on 30 October 1995. On

16 November 1995, you requested a special court-martial (SPCM) .
On 24 January 1996, the commanding officer withdrew the SPCM
charge and you were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to

misconduct (drug abuse). You elected to consult with legal
counsel and subsequently requested an administrative discharge
board (ADB). On 19 March 1996, an ADB voted two to one that you

had committed misconduct and recommended that you be discharged
under OTH conditions due to misconduct (drug abuse). your
ee ee

commanding officer concurred with the ADB and forwarded the
recommendation to the separation authority. The separation
authority approved the recommendation. On 20 June 1996, you
received the OTH discharge for misconduct (drug abuse) .

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior record of
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
due to your drug use. 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.

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