DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 8231-13
5 September 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 September 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 that 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 May 1993. You received nonjudicial punishment on two -
occasions for the wrongful use of cocaine and disobeying a ,
lawful order. You were then advised that your command was
administratively separating you with an other than honorable
(OTH) characterization of service due to misconduct (drug
abuse). You waived your procedural right to an administrative
discharge board (ADB). On 19 April 1995, you received an OTH
characterization of service discharge due to misconduct (drug
abuse), and were assigned an RE-4B (in- service drug use) reentry
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, medical
issues, post service good conduct, and current desire to upgrade
his discharge. However, the Board concluded that your discharge
should not be changed due ‘to your acts of misconduct. The Board
noted that you waived the right to an ADB, your best opportunity
for retention or a better characterization of service. You are
advised that no discharge is upgraded automatically due solely
.to the passage of time or post service good conduct. In view of
the above, 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,
ROBERT J. O’NEILL
Executive Director
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