DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2342-13
31 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.
OA three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 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.
You enlisted in the Marine Corps and began a period of active duty
on 14 November 2007 at age 19. On 18 July 2008, you received -
nonjudicial punishment (NJP) for wrongful use of amphetamines.
You were notified of pending administrative discharge processing
_ with an other than honorable (OTH) discharge due to misconduct.
You waived all of your procedural rights, including your right to
an administrative discharge board (ABD). On 6 November 2008, you
received the OTH discharge for misconduct. -
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that.
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board noted that you waived your procedural right to an ADB,
your best opportunity for retention or a better characterization
of service. Concerning you contention that the controlled
substance Adderall was prescribed to you, there is nothing in
your record to indicate the you had been prescribed it and you
did not provide any such evidence. Finally, there is no
provision of law or in Marine Corps regulations that allows for
recharacterization of service due solely to the passage of time.
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,
Rk, Rao
ROBERT D. ZSALMAN
Acting Executive Director
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