DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TR G
De&et No: 3492-03
29 October 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 28 October 2003.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 26 May 1981.
1981 you received nonjudicial punishment
marijuana and paraphernalia in the barracks.
almost 18 months without incident.
On 24 June 1983, you received another NJP for disobedience and
two instances of drug use.
drug
and 12 May 1983.
Based on the foregoing record, you were processed for an
administrative discharge.
In connection with this processing,
you elected to waive the right to have your case heard by an
administrative discharge board.
After review, the discharge
authority directed discharge under other than honorable
conditions and you were so discharged on 20 September 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and
contentions that you have never used marijuana and that the
urinalyses that resulted in your discharge were illegal.
It appears on the NJP record that the
use'was discovered by urinalyses which occurred on 29 March
On 14 December
(NJP) for possession of
You then served for
You
that the dates of the last two
Additionally, you did not contest the
also contend, in effect,
urinalyses should be 25 and 31 May 1983, and since those
urinalyses occurred only six days apart, they cannot be used to
show two separate instances of drug use.
The Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge.
The
,record, and you have
Board noted that there is no evidence in the
submitted none, to indicate that the urinalyses were improperly
conducted or that the dates for the urinalyses entered on the NJP
record are in error.
discharge by requesting an administrative discharge board and the
discharge package was reviewed by a staff judge advocate and was
found to be sufficient in law and fact.
Finally, even if the
last two urinalyses showed only a single instance of drug use,
this still would have been your second drug related misconduct
during your enlistment.
was proper as issued and no change is warranted.
Accordingly, your application has been denied.
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.
The Board concluded that the discharge
The names and
Sincerely,
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