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7O4 5 COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2436
TAL
Docket No: 880-14
8 January 2015
Dear Mr. Cox: |
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 consicer 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
7 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,
ang 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 26 May 1992. you served for two years and eight months
without disciplinary incident. on 3 February 1995, you received
nonjudiciai punishment. On 4 May 1995, you were convicted by
special court-martial of wrongful use of methamphetamines. The
sentence was confinement, reduction in paygrade, a forfeiture of
pay, and a bad conduct discharge (BCD). On 9 January 1997, you
received the 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 assertions of double
jeopardy and denial of counseling. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct.
Regarding your assertion of double jeopardy, the Board noted that
the appellate review authority remedied your CouLt~ieaL LLad
sentence by approving only the BCD; and further noted that there
wags no evidence in the record to support your assertion of being
denied counseling. Accordingly, your application has been
denied.
It is regretted that the circumstances of your case are such that
tavorable 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 4 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’NELTLL
Executive Director
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