Ror AR TAA RIT OP THE NAVY
FR evecare st —s —— =
D
POARD FOR CORRECTION OF NAVAL RECORDS
7001S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TAL
Docket No: 481-14
12 December 2014
peor
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
3 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 ent
record, the Board found the evidence submitted was insuf
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 6 December 1999. You served for a year and four months
without disciplinary incident, but during the period of 1 May to
22 June 2001, you received nonjudicial punishment (NUP) on two
occasions. Your offenses were underage drinking, being drunk on
duty, making a false official statement, and wrongful use of
marijuana.
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 3 January 2002, 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 lo upgrade your @ischarge and your assertion that
your characterization should be changed to honorable to reflect
the characterization change by the Department of Veterans Affairs
(DVA). 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. Regarding your assertion, the DVA only has authority to
recharacterize your service for their purposes and does not have
any jurisdiction to change your Marine Corps record.
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
errer or injustice.
Sincerely,
ROBERT J. O'NEILL
Fxecutive Director
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