DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04630-13
14 May 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 7 May 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 23 October 1986. You served without incident and were
honorably released from active duty at the end of your required
service. The Board found that on 12 August 1991, you reenlisted
and were assigned to the Marine Corps Reserve Full-Time Support
Program. On 14 May 1992, you received nonjudicial punishment
(NUP) for wrongful use of cocaine. 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 13 November 1992, the separation
authority directed an OTH discharge by reason of misconduct due
to drug abuse. You were so discharged on 18 December 1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NJP for wrongful
drug use. 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,
Rack DD, & 9
ROBERT D. ALMAN
Acting Executive Director
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