DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08548-07
17 September 2008
This is in reference to your application for correction of your
naval 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 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 31 August 1981 after three
years of honorable service. On 16 September 1982, you were
convicted by special court-martial (SPCM) of two specifications
of possession and selling marijuana. You were sentenced to a
reduction in paygrade, a forfeiture of pay, and confinement at
hard labor. You remained on active duty until 16 December 1983,
when you received nonjudicial punishment (NJP) for wrongful use
of marijuana.
On 17 January 1983, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse. You
elected to consult with legal counsel and subsequently requested
an administrative discharge board (ADB).
On 31 January 1984, an ADB unanimously found that you had
committed misconduct due to drug abuse, and recommended discharge
under other than honorable conditions. On 5 March 1984, your
commanding officer concurred with the ADB and forwarded your case
to the discharge authority for review.
On 22 March 1984, the discharge authority directed an other than
honorable discharge by reason of misconduct. On 10 June 1984 you
were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service and overall record of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in a SPCM conviction and NIP, both of which were
for drug abuse. 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
In this regard, it ig 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
W. DEAN R
Executive tor
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