DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 3461-14
8 April 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the 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 March 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 considération 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 20 April 1993. Prior to your service, you signed a
statement understanding the Marine Corps policy concerning the
illegal use of drugs. On 21 December 1993, you received
nonjudicial punishment (NUP) for wrongful use of marijuana. You
received a forfeiture of pay, restriction, extra duty, anda
reduction in paygrade. Subsequently, administrative discharge
action was initiated by reason of misconduct due to wrongful drug
use, 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 to the separation authority
recommending that you receive an OTH discharge by reason of
misconduct. The separation authority concurred and you were so
discharged on 25 March 1994,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as ©
your record of service post service accomplishments, and desire
to change your discharge. Nevertheless, based on the information
currently contained in your record, the Board concluded these
factors were not sufficient to warrant changing your
characterization of service given your NJP for wrongful drug use,
and the fact that you were briefed on the Marine Corps policy
regarding illegal drug use. 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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