DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS SJN
2NAVYANNEX Docket No: 02400—05
WASHINGTON DC 20370-5100 21 October 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 19 October
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 21 February 1985 at age 20. During
the period from 27 November 1985 to 11 September 1986 you received four
nonjudicial punishments (NJP’s) for use of marijuana, two instances of
absencse from your appointed place of duty, and two periods of
unauthorized absence (UA) totaling three days.
On 16 October 1986 you were notified of pending administrative
separation action by reason of misconduct due to frequent involvement of
discreditable nature with military authorities and drug use. After being
advised of your procedural rights, you waived the right to an
administrative discharge board (ADB). The discharge authority then
directed discharge under other than honorable conditions by reason of
misconduct. You were so discharged on 12 December 1986.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as your youth
and the contention that you were an alcoholic and drug addict. However,
the Board found that these factors and
contentions were not sufficient to warrant any change in your discharge
given the four NJP’s, one of which was f or drug use. The Board also noted
that you waived an ADB, your best chance for retention or a better
characterization of service. Concerning your contention that you were and
alcoholic and drug addict, there is no evidence in the record to support
it, and you submitted no such evidence. Additionally, alcohol and drug
abuse do not excuse misconduct, and disciplinary action and administrative
separation are appropriate after alcohol or drug related offenses.
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,
2
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