DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGToN DC 20370-5100

RDZ : ecb
Docket No. 10939-07
12 May 2008

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2008. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 28 July 1987 at age 18. During recruit processing you admitted that you had used marijuana on three occasions just prior to coming on active duty. As a result you were warned that future use could result in other than honorable (0TH) discharge. Despite this warning on 7 December 1989 you received nonjudicial punishment (NJP) for using cocaine. You were medically evaluated and recommended for treatment. Unfortunately you were disenrolled due to your unwillingness to cooperate in treatment and disruptive behavior. Following disenrollment you appeared before an administrative
discharge board (ADB) where you were represented by military lawyer. At the conclusion of these proceedings the ADB recommended that you receive an 0TH discharge which you received on 16 July 1990.

In its review of your application the Board considered all potentially extenuating and mitigating matters such as your youth and present remorse for your actions. Nevertheless the Board concluded they did not outweigh the serious of your misconduct, namely drug abuse. Moreover the Board also took into account your unwillingness to take advantage of drug treatment when it was offered.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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 or other matter not previously considered by the Board. 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,

W. DEAN PFEIFFER
Executive Director