DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 8237-13
4 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. In addition, the Board considered the
report of the Naval Discharge Review Board (NDRB), dated 24 July
1997,.a copy of which is attached.
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 12 April 1992. You were counselled regarding being
incapacitated for the performance of your duties and referred to
Level III alcohol rehabilitation, which you completed. You also
received nonjudicial punishment for the wrongful possession of
lysergic acid diethylamide (LSD). You were reduced in rank from
lance corporal to private first class (PFC). You were then
advised that your command was processing you for: administrative
separation with an other than honorable (OTH) characterization
of service due to misconduct. You waived your procedural right
to have your case heard by an administrative discharge board
(ADB). On 15 May 1996, you received the OTH characterization of
service due to misconduct, and were assigned an RE-4B (in-
service drug involvement) reentry code. On 22 May 1997, the
NDRB upgrade your characterization of service to general under
honorable conditions
In its review of your application, the Board carefully
considered all potentially mitigating factors, such as your
youth, remorse, post service good conduct, and current desire to
upgrade your discharge. The Board concluded, however, that your
discharge should not be changed due to your drug possession.
The Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that no discharge is upgraded due
merely to the passage of time or post service good conduct.
Finally, your rank was PFC at the time of your discharge, so the
Board had no basis to change your Certificate of Release or
Discharge from Active Duty (DD Form 214). 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,
BERT J. O'NEILL
Executive Director
Enclosure
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