DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6458-07
13 May 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 Correction of Naval
Records, sitting in executive session, considered your
application on 6 May 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.
You enlisted in the Marine Corps on 27 February 1980 at age 17
and served for a year and two months without disciplinary
incident. However, on 28 April and 9 October 1981, you received
nonjudicial punishment (NJP) for disrespect and absence from your
appointed place of duty.
On 15 November 1982 you received NIP for an 11 day period of |
unauthorized absence (UA), two periods of absence from your
appointed place of duty, and wrongful use of marijuana. The
punishment imposed was reduction to paygrade E-2, a $642
forfeiture of pay, and restriction and extra duty for 30 days.
Shortly thereafter, on 28 December 1982, you were notified of
pending administrative separation action by reason of misconduct
due to drug abuse. After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB).
On 1 February 1983 an ADB recommended separation under other than
honorable conditions by reason of misconduct due to drug abuse.
Subsequently, your commanding officer also. recommended separation
_under other than honorable conditions by reason of misconduct due
to drug abuse. On 10 February 1983 the discharge authority
approved these recommendations and directed an other than
honorable discharge, and on 28 February 1983, you were so
separated.
your youth, period of service without disciplinary incident, post
service conduct, and the passage of time. It also considered your
assertions of being made an example because of your drug use,
being denied rehabilitation for a drug problem that developed
while you were serving in the Marine Corps, and being falsely
accused of ‘trumped-up’ charges of UA. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct, which resulted in three NUJPs and
included drug abuse. Further, there is no evidence in the
record, and you submitted none, to support your assertions.
Finally, no discharge is automatically upgraded due solely to the
passage of time or an individual’s good post service conduct.
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,
(ona AD, Fa
ROBERT D.\ZSALMAN
Acting Executive Director
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