DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 6460-14
5 May 2015
This 1s 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. The application was filed in
a timely manner.
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
24 April 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 10 April 1996. You served for about 11 months without
disciplinary incident, but during the period from 12 March 1997
to 23 October 1998, you received four nonjudicial punishments
(NUP) and were convicted of a summary court-martial and special
court-martial. Your offenses were being drunk on duty, breaking
restriction, unlawful entrance, absence from appointed place of
duty, insubordination, failure to obey lawful orders, wrongful
possession and use of marijuana, and making a false official
statement.
SSeS ee eee
——— ——————— — eS
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After waiving your procedural rights, 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
20 November 1998, you were so discharged. At that time you were
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, your unsubstantiated assertion that
you were pending medical treatment, and desire to upgrade your
discharge. Nevertheless, the Board found that these factors
were not sufficient to warrant relief in your case because of
the seriousness of your misconduct. Further, the Board
concluded that you received the benefit of your bargain with the
Marine Corps when your request for discharge was granted and
should not be permitted to change it now. 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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