DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7948-07
10 September 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 9 September 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 reenlisted in the Marine Corps on 28 March 1981 after four
years of prior honorable service. You served without
disciplinary incident until 13 May 1983, when you received
nonjudicial punishment (NJP) for wrongful use of marijuana. The
punishment imposed was reduction to paygrade E-4 and a $800
forfeiture of pay. On 28 September 1983 you received NUP for
four periods of unauthorized absence (UA) totalling four days.
The punishment imposed was reduction to paygrade E-3 and
restriction for 30 days, which was suspended for six months.
On 19 December 1983 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you waived your right to
present your case to an administrative discharge board (ADB).
On 29 December 1983 your commanding officer recommended discharge
under honorable conditions by reason of misconduct. This
recommendation was based partially on your prior service and your
sufficiently high conduct and proficiency marks. However, on 13
February 1984, the discharge authority disapproved this
recommendation and directed discharge under other than honorable
conditions by reason of misconduct due to drug abuse, and on 22
February 1984 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of prior honorable service and desire to upgrade your
discharge. It also considered your assertion of mental illness
for over 30 years. 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, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. Concerning your allegations of mental problems, there
is no indication in the record that such problems existed at the
time of your service. Furthermore, if such problems did exist
they were not so serious as to excuse you of responsibility for
your actions. In this regard, mental problems are not an excuse
for misconduct, and disciplinary action and administrative
separation were appropriate in your case. 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,
dons
W. DEAN P
Executive D or
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