DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 7043-13
14 August 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 6 August 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 17 August 1988 at age 20. You received nonjudicial
punishment (NJP) on four occasions for failure to obey a lawful
order, using provoking words, breach of peace, wrongful use of
cocaine, and two instances of wrongful use of Marijuana. After
your second NJP, you were counseled regarding your misconduct
and warned that further offenses could result in administrative
separation. On 27 November 1991, 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 15 January 1992, 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, overall
record, and Desert Shield/Storm combat 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 four NUJPs and 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,
Re 9D. At
ROBERT D, ALMAN
Acting Executive Director
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