DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
791 5. COURTHOUSE ROAD, SUITE [G01
ARLINGTON, VA 22204-2490
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Docket No: 3543-13
21 March 2014
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 18 March 2014. ‘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. ; mo
You enlisted in the Marine Corps on 29 November 1993 and
immediately began a period of active duty. You served without
disciplinary incident until. 23 July’ 1996, when you were convicted
by summary court-martial (SCM) of wrongful use of Marijuana and
_ Sentenced to confinement for 30 days, a $291 forfeiture of pay, |
and reduction to paygrade E-1.-' - . mo
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural right to consult with’ legal’ counsel and to present
_ your case to an‘administrative discharge board (ADB), on 16
September 1996 your commanding officer recommended discharge
under dther than honorable conditions by reason of misconduct due
to drug abuse. _On 25 September 1996 the discharge authority
approved this recomniendation and ‘directed your ‘commanding officer
to issue you an other-than honorable discharge by reason of
‘misconduct, and on 4 October 1996, you weré so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Accordingly, your application has been denied.
en z
It is regretted that the circumstances of your case are such that
favorable action-cannot be -taken. You are entitled to have the -
: Board reconsiden 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,
ROBERT D. 4SALMAN
Acting Executive Director
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