DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 04035-12
28 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 27 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 on 3 September 1991, at age 18.
On 23 March 1993, you received nonjudicial punishment (NUP) for
uttering 16 worthless checks. On 23 March 1994, you received
NUP for violating a written order and failure to dispose of an
explosive device. On 28 March 1994, you received NUP for being
absent from your appointed place of duty and wrongfully using
provoking actions and words to a fellow Marine in a threatening
manner. On 5 April 1994, you were convicted by a special court-
martial (SPCM) of wrongful use of methamphetamine. You were
sentenced to a forfeiture of $554, reduction in pay grade, and
confinement for 30 days. On 14 April 1994, administrative
separation action was initiated by reason of misconduct (drug
abuse). You waived your right to have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct (drug
abuse). On 22 June 1994, the discharge authority directed an
OTH discharge by reason of misconduct (drug abuse). On 19
August 1994, you received the OTH discharge due to misconduct
(drug abuse). At that time you were assigned an RE-4B reentry
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge,
given your record of three NUJP’s and a conviction by a SPCM of
wrongful use of methamphetamine. The Board noted that you
waived your right to an ADB, your best opportunity for retention
or a more favorable 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 officral
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. Last
Executive oO
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