DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01901-13
29 January 2014
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 January 2014. 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.
On 9 March 1990, you were granted an enlistment waiver for
preservice wrongful use of marijuana. At that time, you signed a
statement of understanding regarding the Marine Corps policy on
illegal use of drugs. You enlisted in the Marine Corps and began
a period of active duty on 5 June 1990. The Board found that on
15 June 1953, you received nonjudicial punishment (NJP) for
wrongful use of amphetamine/methamphetamine. You received a
forfeiture of pay, restriction, extra duty, and a reduction in
paygrade. Subsequently, administrative discharge action was
initiated by reason of misconduct due to wrongful drug use, On
22 June 1993, medical personnel evaluated you and determined that
you were a drug and alcohol abuser. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
wrongful drug use. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Your case was forwarded recommending that
you be discharged under other than honorable (OTH) conditions by
reason of misconduct. On 10 August 1993, the separation
authority concurred and directed an OTH discharge by reason of
misconduct due to drug abuse. You were so discharged on
27 August 1993.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your Désert
Shield/Storm service, post service accomplishments, character
letters, and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your preservice drug
waiver, the fact that you were briefed on the Marine Corps’
policy regarding drug and alcohol abuse, and NUP for wrongful use
of amphetamine/methamphetamine. Finally, the Board noted that
you waived the right to an ADB, your best chance for retention or
a better 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 official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
| eS
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ROBERT D>-2%SALMAN
Acting Executive Director
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