DEPARTMENT OF THE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

ELP
Docket No.  
24  May 2002

418-02

From:
To:

Chairman,
Secretary of the Navy

Board for Correction of Naval Records

Subj:

REVIEW 

CF NAVAL RECORD  

OF,

Ref:

(a) 10 U.S.C.1552

Encl:

(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record

Pursuant to the provisions of reference (a), Petitioner, a

1.
former enlisted member of the Navy applied to this Board
requesting, in effect,
upgrading the discharge under other than honorable conditions
issued on 1 July 1986.

that his naval record be corrected by

The Board,

consisting of Messrs. Tew, Frankfurt and Carlsen,

2 .
reviewed Petitioner's allegations of error and injustice on
22 May 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
by the Board consisted of the enclosures, naval records, and
applicable statutes,

regulations and policies.

Documentary material considered

The Board, having reviewed all the facts of record

3.
pertaining to Petitioner's allegations of error and injustice
finds as follows:

a.

Before applying to this Board, Petitioner exhausted all

administrative remedies available under existing law and
regulations within the Department of the Navy.

b.

Although it appears that Petitioner's application to

the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.

C .

Petitioner enlisted in the Marine Corps on

  25  May 1984

  25  April 1985 when

  17.

He was advanced to private first

for three years at age
class (PFC) and served without incident until
he received nonjudicial punishment (NJP) for use of marijuana
and a 12 day period of unauthorized absence (UA).
imposed was 21 days of correctional custody, forfeitures of $310
per month for two months,
(PVT).

and reduction in rank to private

Punishment

d.

Petitioner was again advanced to PFC and served without

further incident until 8 January 1986 when he received a second
NJP for use of marijuana.
rank to PVT,
days of restriction and extra duty.

Punishment imposed was reduction in
forfeiture of $318 per month for two months, and 45

e.

On 19 February 1986 Petitioner was notified that action

He was
consulted with legal counsel,

was being initiated to separate him under other than honorable
conditions by reason of misconduct due to drug abuse.
advised of his procedural rights,
and waived his right to an administrative discharge board (ADB).
Thereafter,
the commanding officer recommended discharge under
other than honorable conditions.
authority directed discharge under other than honorable condi-
tions by reason of misconduct due to drug abuse.
so discharged on 1 July 1986.
to sign his DD Form 214,
after he was
separated.
determined.

Since Petitioner was unavailable
it appears that it was issued sometime
The date of issuance cannot be

On 23 April 1986 the discharge

Petitioner was

f.

The

record reflects three entries on Petitioner's page
and Punishments),

made subsequent to his discharge,

12 (Offenses
state that he was reported in an unauthorized absence (UA)
status on 3 October 1986 and declared a deserter on 3 November
1986, and that a DD Form 553 (Absentee Wanted By the Armed
Forces) was published on 7 December 1986.
contains a letter to Petitioner's parents on 13 October 1986
informing them that he was UA, and
charges on 4 November 1986 for the
1986.

a charge sheet preferring
UA beginning on 3 October

The record also

g.

Petitioner states that he

for the offense that resulted in the first NJP.
the second NJP,
urinalysis,
was not considered in reviewing his case.

he claims that a week after the first

he was tested and came up negative, but this fact

He argues that if he

tested positive for marijuana
With regard to

2

the retest should also have been positive,

tested positive,
since marijuana stays in your system for about 30 days.
claims that five years after his discharge, he was apprehended
as a   deserter and it took another five years to get his
discharge papers.

He also

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
The three page 12 entries in Petitioner's
record stating that he was unauthorized absentee and was later
declared a deserter,
the letter to his parents, and a charge
sheet were erroneously entered after his discharge.
thus concludes that it would appropriate and just to remove
these entries,
from the record.

the letter to his parents, and the charge sheet

The Board

The Board was not persuaded by Petitioner's argument that the
urinalysis which led to his second NJP and discharge must have
been a mistake since he tested negative on a second urinalysis.
Petitioner provides no evidence in support of his claim.
Board believes that two
month period demonstrated Petitioner's willful disregard for
Marine 
The Board
therefore concludes that the discharge was proper and no change
is warranted.

Corps' zero tolerance policy for drugs.

The
NJPs for using marijuana within an eight

 

RECOMMENDATION:

a.

That Petitioner's naval record be corrected by removing

from the record the page 12 entries of 3 October 1986, 3
November 1986,
1986 to Petitioner's parents;
1986.

and 8 December 1986;

the letter of 13 October

and the charge sheet of 4 November

That no further relief be granted.

b.

C .

That any material or entries inconsistent with or

relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.

d.

That any material directed to be removed from

Petitioner's naval record be returned to the Board, together

3

with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
references being made part of Petitioner's naval record.

4.

It is certified that a quorum was present at the

and that the foregoing is a
Board's review and deliberations,
true and complete record of the Board's proceedings in the above
entitled matter.

7 

/J&i&5p_

ROBERT D. ZSALMAN
Recorder

ALAN E. GOLDSMITH
Acting Recorder

Pursuant to the delegation of authority set out in Section 6

5.
(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6
(e)) and having assured compliance with its provisions, it is
hereby announced that the foregoing corrective action, taken
under the authority of reference (a),
Board on behalf of the Secretary of the Navy.

has been approved by the

Executive

4