DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10247-02
8 September 2003
Your allegations of error and
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 3 September 2003.
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.
On 10 June 1986 in your pre-enlistment documents you admitted to
prior use of marijuana.
However, you were granted a waiver for
this pre-service drug use,
the Marine Corps at age 18.
On 1 October 1986 you received nonjudicial punishment
wrongful use of marijuana.
The punishment imposed was a $500
forfeiture of pay and restriction and extra duty for 20 days.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse,
you received an other than honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
and your contentions that you should
not continuous suffer for the mistake you made by using drugs,
and that your discharge was too harsh a penalty for using drugs.
Nevertheless, the Board concluded these factors and contentions
were not sufficient to warrant recharacterization of your
and on 11 June 1986 you enlisted in
and on 31 October 1986
(NJP) for
discharge because of your drug related misconduct. 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.
2
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