DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7071S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5887-13
12 June 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 4 June 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 29 October 1990 at age 22. On 27 October 1993, received
nonjudicial punishment (NUP) for an unauthorized absence from
your unit for a period of 33 days. You then made a written
statement admitting to the use of illegal drugs. On 17 December
1993, you were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct (drug abuse). You waived all of your procedural
rights, including your right to an administrative discharge
board (ADB). On 25 February 1994, you received the OTH
discharge for misconduct (drug abuse).
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct that
resulted in an NUP and your admitted illegal drug use. The
Board found that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, no discharge is upgraded merely because of
the passage of time or an individual’s good behavior after
discharge. 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,
RS
ROBERT D. ZSALMAN
Acting Executive Director
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