DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 767-14
29 January 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
22 January 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 19 October 1993. You served for eight months without -
disciplinary incident, but during the period from 8 duly 1994 to
17 May 1996, you received nonjudicial punishment {NJP) and were
convicted by special court-martial (SPCM). ‘Your offenses were
‘ insubordinate conduct toward a noncommissioned officer,
unauthorized absence from unit, and wrongful use of a controlled
substance. On 9 September 1997, you received a bad coriduct
discharge (BCD) after appellate review was complete.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of drug
abuse. Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the ‘
seriousness of your drug related misconduct which was contrary to
the Navy's Zero Tolerance policy in effect at the time you were
on active duty. 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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