DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 4682-14
4 June 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
19 May 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 1 February 1994. During the period from 8 March 1996 to
31 January 1997, you received two nonjudicial punishments (NUPs)
and were convicted by summary court-martial (SCM) of wrongful use
of marijuana. Additionally, you were counseled and warned on two
occasions after your first NUP that further misconduct could
result in administrative discharge action. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to wrongful drug use. After being afforded all of
your procedural rights, your case was forwarded to the separation
authority recommending that you receive an other than honorable
(OTH) discharge by reason of misconduct. The separation
authority concurred and you received an OTH discharge on 4 April
LOS.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, medical issues, and desire to change your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant changing your characterization of
service given your two NJP’s, and SCM conviction of wrongful 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
evror or injustice.
Sin ly,
ROBERT J. O’NEILL
Executive Director
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