DEPARTMENT OF THE NAVY.
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490. .
TUIR
Docket No: 7880-13
i2 September 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 26 August 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.
You enlisted in the Marine Corps and began a period of active
duty on 27 December 1989. You served without disciplinary
incident until 27 September 1994, when you received nonjudicial
punishment (NUP) for wrongful use of marijuana. The punishment
imposed was restriction and extra duty for 45 days, reduction to
paygrade E-4, and a $1,104 forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After consulting with
legal counsel, you elected to present your case to an
administrative discharge board {ADB). On 15 November 1994 an ADB
recommended separation under honorable conditions by reason of
misconduct due to drug abuse. Subsequently, your commanding
officer also recommended discharge, but under other than
honorable conditions by reason of misconduct due to drug abuse.
On 6 December 1994, the discharge authority approved the
recommendations for discharge and directed separation under
honorable conditions by reason of misconduct due to drug abuse,
and on 13 December 1994, you were so discharged. ,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct which
resulted in NUP. Further, Marines discharged by reason of
misconduct normally receive discharges under other than honorable
conditions, and as such, you were fortunate to receive a general
discharge. Finally, no discharge is automatically upgraded due
solely to the passage of time. Accordingly, your application has
been denied. Fd .
It is regret t#d 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,
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2010 | 03434-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 2011. 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. As a result, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2013 | NR5887 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR621 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2012 | 04035-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 2013. 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. On 14 April 1994, administrative separation action was initiated by reason of misconduct (drug abuse).
NAVY | BCNR | CY2013 | NR4071-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 March 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, . The separation authority agreed with the finding and recommendation of the ADB and directed your commanding officer to issue you an OTH discharge by reason of misconduct...
NAVY | BCNR | CY2013 | NR6759 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2014. On 6 May 1988 you were so discharged. 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.
NAVY | BCNR | CY2013 | NR8958 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2013 | NR9464-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2014. The Board also considered the report of the Naval Discharge Review Board (NDRB) dated 26 February - 2009, a copy of which is attached. The Board, in its review of your entire record, carefully considered all potentially mitigating factors, such as your youth, post service good conduct, current desire to remove your ~ NUP, and upgrade your...
NAVY | BCNR | CY2011 | 12541 11
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. Your commanding officer, in concurrence with the ADB, also recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2012 | 04147-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2013. 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 waiving your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB), on 8...