DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 05213-12
28 March 2013
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 20 March 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 entered active duty in the Marine Corps on 7 January 1997,
and served without disciplinary incident until 30 September 1997,
when you received nonjudicial punishment (NJP) for wrongful use
of a controlled substance (marijuana). You were recommended for
separation with an other than honorable (OTH) discharge due to
misconduct (drug abuse). You waived your rights to consult with
counsel and an administrative discharge board (ADB). The
separation authority approved the recommendation, and on 30
December 1997, you were separated with an OTH discharge due to
misconduct (drug abuse) and an RE-4B (in service drug abuse)
reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that other Marines within your command were
also using drugs. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change to your
characterization of service due to your misconduct (drug abuse).
Furthermore, the Board found you waived your right to an ADB,
your best opportunity for retention, or a better characterization
of service. Finally, you have provided no documentation to
support your claim that other Marines were also using drugs
without any repercussions. 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,
Tt at aE age
ROBERT D+—-ZSALMAN
Acting Executive Director
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