DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 6968-14
7 August 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
23 June 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, began a period of active duty
on 24 March 1997, and served without disciplinary incident for
about one year and five months. However, on 31 August 1998, you
received nonjudicial punishment (NJP) for making a false
official statement and larceny. You were also formally
counseled on 22 July 1999 for not being at work on time. On
19 August 1999 you received NJP for wrongful use and possession
of marijuana. Subsequently, administrative discharge action was
initiated by reason of misconduct due to drug abuse. After
consulting with legal counsel, you waived your procedural right
to present your case to an administrative discharge board (ADB).
Your case was forwarded, recommending an other than honorable
discharge by reason of misconduct due to drug abuse. The
separation authority concurred with the recommendation and
directed an other than honorable discharge. On
15 November 1999, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, and
your assertion that the discharge would be upgraded six months
after discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct which
resulted in NUP for three violations of the Uniform Code of
Military Justice. With regard to your assertion, be advised
that there is no provision in law or regulations that allows for
a discharge to be automatically upgraded after six months or due
solely to the passage of time. 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.
Sincgrely,
. EBEILL
Executive Director
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