DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 6028-07
25 February 2008
COLTection of your
This is in reference to your application tor ;
neval 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 21 February 2008. 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,
On 28 April 1981, you enlisted in the Marine Corps at age 20 and
served without incident until 22 March 1983, when you had
nonjudicial punishment (NJP) for violation of a lawful general
regulation and wrongfully having tetrahydrocannabinol (THC) in
your body. On 19 July 1983, you had NJP for failure to obey a
lawful order. On 18 August 1983, your commanding officer
initiated administrative separation by reason of misconduct due
to drug abuse and a pattern of misconduct. In connection with
this processing, you acknowledged that separation could result in
an other than honorable (OTH) discharge and waived the right to
have your case heard by an administrative discharge board (ADB).
On 23 August 1983, the separation authority approved the
discharge recommendation and directed an OTH discharge by reason
of misconduct due to drug abuse. On 9 september 1983, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
post service conduct, and belief that an OTH discharge could be
upgraded after six months. Nevertheless, the Board concluded
that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. Furthermore, you are advised that there is no
provision in the law or regulations that allow for
recharacterization due solely to post service conduct or the
passage of time. Finally, the Board noted that you waived the
right to have your case heard by an ADB, your best opportunity
for retention or a more favorable characterization of service.
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 submissien 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,
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