DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2840-07
24 January 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for c rrection of Naval
Records, sitting in executive session, considered your
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 8 December 1982 at age 18.
About six months later, on 28 June 1983, you received nonjudicial
punishment (NJP) for wrongful use of marijuana. The punishment
imposed was restriction and extra duty for 30 days and a $560
forfeiture of pay.
On 2 November 1983 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
Subsequently, your commanding officer recommended an other than
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and assertion that your drug
abuse problems were never addressed. It also considered your
desire to upgrade your discharge so that you may obtain veterans’
benefits. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Further, there is no evidence in the record, and you submitted
none, to support of your assertion. Finally, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. 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, _\
\p “DEAN PFEIF
Executive Dire
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