DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 03168-12
26 February 2013
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 20 February 2013. 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 16 July 1990. The Board found that during the period
from 19 to 22 March 1993, you were in a medical facility for
treatment for alcohol abuse related problems. You were medically
Cleared for Antabuse therapy and recommended for administrative
discharge action. At that time, your prognosis for recovery was
considered poor. On 10 May 1993, you received nonjudicial
punishment (NUP) for wrongful use of marijuana and larceny of a
pack of cigarettes. Subsequently, administrative discharge
action was initiated by reason of misconduct due to drug use.
You elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 4 October 1993, the
ADB recommended separation with an other than honorable (OTH)
discharge by reason of misconduct due to drug abuse. On
3 November 1993, your commanding officer concurred with the ADB’s
findings and forwarded his recommendation that you be discharged.
On 4 November 1993, the separation authority directed an OTH
discharge by reason of misconduct due to drug abuse. On
15 November 1993 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP for wrongful drug use and larceny. 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,
LSdon
W. DEAN PFE
Executive Director
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