DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX,
WASHINGTON DC 20370-5100 TRG
Docket No: 6070-07
6 May 2008
naval record pursuant to the provisions of title 10 of the United
‘States Code section 1552.
thereof, your naval record and applicable statutes
979 after serving about 27 months of active service on a prior
three year enlistment. During the period from 1 May 1980 to 24
August 1982, you received nonjudicial punishment (NJP) on four
occasions. Your offenses were two periods of unauthorized
absence totaling about 16 days, failure to go to your appointed
Place of duty, and five instances of disobedience. Additionally,
you were counseled on nine occasions concerning financial
31 March 1983, you received your fifth NJP' for possession of
marijuana and drug paraphernalia.
Based on the foregoing record, you were Processed for an
administrative discharge. [In connection with this processing,
you elected to waive the right to have your case heard by an
administrative discharge board. After review, the discharge
authority directed discharge under other than honorable
conditions by reason of misconduct due to drug abuse. You were
so discharged on 16 May 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and contention that you are remorseful for your conduct
while in the Marine Corps. The Board found that these factors
and contention were not sufficient to warrant recharacterization
of your discharge given the frequency and nature of your
misconduct. 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.
The Board believes that you may be eligible for veterans benefits
based on your prior honorable service. Therefore, if you have
been denied benefits, you should appeal that denial under
procedures established by the Department of Veterans Affairs.
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,
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