DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 3006-14
13 November 2014
Dear Cy
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 November 2014. 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 15 October 2007. On 8 December 2011, you received
nonjudicial punishment (NJP) for wrongful possession of a
controlled substance. Subsequently, administrative discharge
action was initiated to separate you by reason of misconduct due
to drug abuse. After being afforded all of your procedural
rights, your case was forwarded to the separation authority for
review. On 27 June 2012, the separation authority directed that
you receive a general discharge by reason of misconduct due to
drug abuse. You were so discharged on 9 July 2012.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and belief that your characterization of service should
be honorable base on the Department of Veterans Affairs (DVA).
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NJP for drug abuse. The Board noted that you were fortunate
to receive a general discharge since a discharge under other than
honorable conditions is often directed when an individual is
discharged for misconduct. With regard to your characterization
of service with the DVA, this characterization does not change
the fact that you received a general discharge due to misconduct.
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.
Sinceyely,
ROBERT J. O'NEILL
Executive Director
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