DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
, ARLINGTON, VA 22204-2490
TAL
Docket No: 1607-14
6 March 2015
This is in reference’ to your application for correction of your
naval record pursuant to the provisions of title 10 of the United os
States Code, section 1552.
Although your application was not filed in a timely manner, the
‘Board found it inthe interest of-justice to waive the statute of.
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on.
25 February 2015. 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 3 April 1990. You served for a year and two months
without disciplinary incident, but during the period from 25 June
1991 to 21 February 1992, you received nonjudicial punishment
(NIP) on two occasions. Your offenses were failure to go to your
appointed place of duty and wrongful use of cocaine.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to drug abuse at which
time you waived your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board (ADB). Your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. The discharge authority approved this recommendation
and directed separation under other than honorable conditions by
reason of misconduct, and on 10 September 1992, 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. Nevertheless, the Board
‘concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct.
Further, you were given an opportunity to defend your actions,
but waived your procedural rights. Accordingly, your application .
has been denied.
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 within one year from the date of the Board’s decision. -
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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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