DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUiiE i10Ui
ARLINGTON. VA 22204-2496
SIN
Docket No: 0345-14
11 December 2014
Dear ir
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 2 December 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 17 August 2005. Based on the information currently
contained in your record, on 18 August 2005, you acknowledged
your understanding of the Marine Corps policy regarding the
illegal use of drugs. On 11 January 2008, you received
nonjudicial punishment (NUP) for wrongful use of cocaine.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug abuse. You waived your rights
to consult counsel, submit a statement, or have your case heard
by an administrative discharge board (ADB). Your case was
forwarded recommending that you be discharged under other than
honorable (OTH) conditions by reason of misconduct. The
separation authority concurred and directed an OTH discharge by
reason of misconduct. You were so discharged on 8 July 2008. On
7 July 2011, the Navy Discharge Review Board (NDRB) upgraded your
characterization of service to general.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your combat service, post service accomplishments, and desire to
upgrade your discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your NUP for wrongful drug use. The Board noted
that you waived the right to an ADB, your best chance for
retention or a better characterization of service, and that you
were fortunate to have your characterization of service upgraded
to general by NDRB, since it was directed that you received an
OTH discharge for 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.
ROBERT J. O'NEILL
Executive Director
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