DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 9464-13
26 February 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 25 February 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. The Board also considered the report
of the Naval Discharge Review Board (NDRB) dated 26 February
- 2009, 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. In this regard, the: Board substantially
concurred with the report of the NDRB.
You enlisted in the Marine Corps and entered a period of active
duty on 15 December 1999. . You received nonjudicial punishment
(NUP) for the wrongful. use of cocaine. You did not appeal. You.
also had height and weight issues. Your command then notified
you that you were being administratively separated with an other
“than honorable (OTH) characterization of service due to
misconduct. You waived your procedural right to an
a
administrative discharge board (ADB). On 3 October 2003, you
received the OTH characterization of service due to misconduct,
and were assigned an RE-4B (in-service drug use) reentry code.
On 26 February 2009, the NDRB upgraded your characterization of
service to general under honorable conditions.
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 discharge and reentry code. Nevertheless,
_ the Board concluded that these factors were not sufficient to
Warrant removing your NJP or further upgrading your. discharge or
reentry code due to your drug abuse. Furthermore, the Board
believed that considerable clemency was extended to you when the
NDRB upgraded your characterization of service. Finally, the ~~
Board noted that you waived your right to an ADB, your best —
_ Opportunity for retention or better characterization of service.
You are advised that no discharge is automatically upgraded due
merely 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 D. ZSALMAN ,
Acting Executive Director.
Enclosure .
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