DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 02598-03
29 August 2003
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 27 August 2003. 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.
The Board found that you reenlisted in the Marine Corps on 13
April 1983 after 21 months of prior active service. On 23 August
1983, you received nonjudicial punishment (NJP) for absence from
your appointed place of duty and were awarded a forfeiture of pay
and extra duty. Portions of the punishment were suspended.
On 12 March 1984, you tested positive for marijuana on a random
urinalysis test. On 3 May 1984, you signed a service record
entry acknowledging that you would be placed on four-week
urinalysis surveillance program. On 14 September 1984, you
received a second NJP for use of marijuana, and were awarded a
reduction to paygrade E-2 and a forfeiture of pay. On 20
September 1984, you were counseled concerning your deficiencies
in conduct. On 20 November 1984 you received a third NUP for
failure to go to your appointed place of duty at the prescribed
time.
On 3 December 1984, you were notified of administrative
separation processing and you waived all of your procedural
rights including the right to present your case to an
administrative discharge board (ADB). On that same day, the
commanding officer recommended an administrative separation by
reason of a pattern of misconduct On 12 December 1984, the
staff judge advocate concurred with the commanding officer's
recommendation and, on that same day, the separation authority
directed an other than honorable discharge by reason of a pattern
of misconduct. On 8 January 1985, you were so discharged.
In its review of your case, the Board carefully weighed all
potentially mitigating factors such as the length of time that
has passed since you were discharged from the Marine Corps, your
prior period of honorable service, and your contention that you
were going through a divorce at the time of your misconduct.
However, the Board found that these factors and contention were
not sufficient to warrant recharacterization of your discharge
given your frequent misconduct that resulted in three NJPs for
offenses that included drug use and counseling for deficiencies
in behavior. The Board also noted the previous positive
urinalysis test for marijuana for which you did not receive
disciplinary action. Finally, the Board noted you elected to
waive the right to an ADB, your best opportunity for a better
characterization of service. 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,
\S
W. DEAN PFEIL RF
Executive Di
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