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NAVY | BCNR | CY2012 | 05693 12
Original file (05693 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

 

TAL
Docket No: 5693-12
27 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. The names and votes of the
members of the panel will be furnished upon request. 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 20 October 1992 at age 19. You received nonjudicial
punishment (NUP) for wrongful use of marijuana and cocaine. You
were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 7 August
1996, the ADB found that you committed misconduct and
recommended that you be separated with an OTH discharge. The
separation authority agreed with the recommendation of the ADB
and directed your commanding officer to issue you an OTH
discharge by reason of misconduct and on 2 October 1996, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. 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,

SBS

ROBERT D. Z4SALMAN
Acting Executive Director

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