DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 947-13
16 October 2013
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 16 October 2013. 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, dated 22 April 2005,
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 er injustice.
You enlisted in the Marine Corps and entered active duty on 2
March 1994. You received nonjudicial punishment for a three day
period of unauthorized absence (UA). On 5 October 1995, you
were convicted by a special court-martial (SPCM) of a 23 day
period of UA, wrongful use of methamphetamine (two instances),
and wrongful use of marijuana. The sentence at your SPCM
included a bad conduct discharge (BCD). On 13 February 1997,
your received the BCD after appellate review.
In its review of your application, the Board considered all
mitigating factors, such as your youth, mental health issues,
and current desire to upgrade your discharge. However, the
Board concluded that no upgrade was warranted due to your
misconduct and drug abuse. You are advised that no discharge is
automatically upgraded due solely to the passage of time or post
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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 efficiad
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\wBoont |
W. DEAN PF
Executive Diréctor
Enclosure
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