DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10170-07
26 June 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 25 June 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 31 March 1982, you reenlisted in the Marine Corps at age 21
after a prior period of honorable service. On
27 February 1984, you were counseled regarding improper
handling of subordinates and warned that further infractions
could result in disciplinary action or administrative
separation. On 21 May 1984, you had nonjudicial punishment
(NUP) for use of marijuana. On 26 May 1984, you were counseled
regarding the Marine Corps policy on use of illegal drugs and
warned that further infractions could result in disciplinary
action or an other than honorable (OTH) discharge. On 24
August 1984, you had NJP for use of marijuana.
On 4 September 1984, your commanding officer initiated
administrative separation by reason of misconduct due to drug
abuse. In connection with this processing, you acknowledged
that separation could result in an OTH discharge and waived the
right to have your case heard by an administrative discharge
board (ADB). On 3 October 1984, the separation authority
approved the discharge recommendation and directed an OTH
discharge by reason of misconduct due to drug abuse.
On 5 October 1984, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your period
of honorable service. The Board also considered your contention
that you were never offered substance abuse treatment.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct that continued after you
were warned that further infractions could result in an OTH
discharge. Regarding your contention, information currently
contained in the record shows that your medical record was lost
and reconstructed while you were in the service. Therefore,
based on the information that is currently contained in the
record, there is no evidence to show that you requested or
received substance abuse treatment. The Board also 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 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.
The Board noted that as a result of your prior honorable
service, you may be eligible for veterans' benefits. You
should contact the nearest office of the Department of Veterans
Affairs if you desire clarification about your eligibility for
those benefits.
The Board further noted that you may contact Headquarters
Marine Corps (MMMA), 3280 Russell Rd., Quantico, Virginia
22134, to request verification and issuance of awards that you
are eligible to receive.
Sincerely,
NAVY | BCNR | CY2008 | 02669-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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. On 6 November 1984, you were discharged with an OTH discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2008 | 06138-08
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. On 29 August 1984, you were also counseled regarding your misconduct, informed where substance abuse assistance was available, and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. Consequently, when applying for a correction of...
NAVY | BCNR | CY2008 | 03780-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2009. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
NAVY | BCNR | CY2008 | 09978-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2009. You were also counseled regarding this offense and warned that further infractions could result in disciplinary action or an other than honorable (OTH) discharge. On 8 January 1985, you had NJP for use of marijuana.
NAVY | BCNR | CY2008 | 00440-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after...
NAVY | BCNR | CY2008 | 02585-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. The Board noted that as a result of your prior period of honorable service, you may be eligible for veterans' benefits. 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.
NAVY | BCNR | CY2008 | 04060-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 January 2009. 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. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard...
NAVY | BCNR | CY2007 | 06985-07
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 16 October 1980, you reenlisted in the Marine Corps at age 27 after two prior periods of honorable...
NAVY | BCNR | CY2008 | 04952-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 February 2009. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
NAVY | BCNR | CY2008 | 05789-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2009. 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. In connection with this processing, you would have acknowledged that separation could result in an OTH discharge and been afforded the right to...