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NAVY | BCNR | CY2006 | 04684-06
Original file (04684-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00


 SMW
 Docket No: 4684-06
3 November 2006


This is in reference to your application for correction of your cod pursuant to the provisions or title l 0 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 1 November 2006. 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 of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material erroror
You reenlisted in the Marine Corps on 9 November 1981 at age 23 after a prior period of service during which you had several drug-related disciplinary infractions. On 14 December 1982 a urinalysis tested positive for marijuana. Although the record is incomplete, the record shows that on 21 January 1983 your commanding officer recommended you for an other than honorable discharge by reason of misconduct due to drug abuse. In connection with this processing, you would have been advised of the consequences of receiving such a discharge, but it appears that you waived the right to have your case heard by an administrative discharge board (ADB). On 5 April 1983 a competency review board recommended you for reduction in one paygrade, which was approved the following day by the reviewing authority. On 13 May 1983 the separation authority approved the recommendation of your commanding officer and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 2 June 1983 you were so discharged.

 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth. The Board also considered your contention that there was widespread recreational drug use during the 1980’s and you were one of the unfortunate individual’s who were caught. Nevertheless, the Board concluded that these factors and contentions were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. The Board also noted that you waived the right to an ADB, your best opportunity for retention or a more favorable characterization of service. Finally, regarding your contentions, the Board was aware of your drug-related misconduct during your first enlistment and found that you were fortunate to have been allowed to reenlist. The Board also noted that use of illegal drugs in the armed forces is prohibited by the law and regulations that govern the armed forces, regardless of drug trends during a given time. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.
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.

The Board also noted that as a result of your prior honorable service, you may be eligible for veterans benefits. You should contact the nearest office of the Department of Veterans Affairs if you desire clarification about your eligibility for those benefits.
Sincerely,



          DEAN PFEIFFER
          Executive Director















2

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