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NAVY | BCNR | CY2005 | 02039-05
Original file (02039-05.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS

a
          2 NAVY ANNEX     SJN
 WASHINGTON DC 20370-5100                  Docket No: 02039—05
 29 September 2005









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 September 2005. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 24 October 1983 at age 18.
On 1 March 1985 and 4 April 1986, you received nonjudicial
punishment (NJP) for a nine-day period of unauthorized absence
(UA) and wrongful use of marijuana.
Based on the drug use, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. Although your record is incomplete, you would have been given the opportunity to consult counsel, submit a statement, or have your case heard by an administrative discharge board (ADB). The record indicates that you waived the right to an ADB.
On 27 May 1986 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 12 June 1986 you were so discharged with an RE-4 reenlistment code.
 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and post service achievements. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge, a change to your reenlistment code, or a change to the reason for discharge because of your drug use. In this regard, the Board concluded that the other than honorable characterization was appropriate given the two NJP’s, one of which was for drug abuse. The reason for separation was proper, given your drug-related misconduct. Finally, an RE-4 reenlistment code must be assigned to individuals separated due to 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.
Sincerely,


W.       DEAN PFEIF E
 Executive Dir t r




















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