DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
S A ARLINGTON, VA 22204-2490
a JDR
Docket No: 7113-14
5 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 2 October 1995, and served without disciplinary incident for
about two months. However, on 9 December 1995, you received
nonjudicial punishment (NJP) for conspiracy to participate in
assault and failure to obey an order. On 7 January 1998, you
received a formal counseling due to illegal drug involvement and
were advised of mandatory processing for administrative
separation for misconduct. On 29 May 1998, you were convicted
by summary court-martial (SCM) of wrongful use of lysergic acid
diethylamide (LSD) and methamphetamines.
Although complete and legible discharge documentation is not in
your record, it appears that administrative separation action
was initiated by reason of misconduct, and on 25 September 1998,
you were so discharged.
The Board, in its review of your application and record
(although incomplete) carefully weighed all potentially
mitigating factors, such as your record of service and desire to
upgrade your discharge. The Board also considered your
assertions that you plead guilty to charges in exchange for a
general discharge and that you did not know you had an other
than honorable character of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct which resulted in your SCM conviction based on
drug use. In regard to your assertion, there is no evidence in
the record, and you submitted none, that you agreed to plead
guilty to charges in exchange for a general discharge. Further,
the Board noted that you initialed your Certificate of Release
or Discharge From Active Duty (DD Form 214), indicating that you
were aware of your character of service at the time of
discharge. 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.
Sincerel
OBERT J. O’NEILL
Executive Director
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