oO
t
5
This is in reference t
naval record pursuant
States Code section 19
A three-member panel of
Records, sitting in exe
application on 12 Augu
injustice were reviewe
regulations and proced
Board. Documentary ma
your application, toge
thereof, your naval re
and policies.
LY
After careful and cons
record, the Board foun
insufficient to establi
error or injustice.
You enlisted in the Mar
February 1980 you compl
for training and were i
and 23 days of active s
periods of active train
April 1982 you were pro
On 26 March 1983, a Navy
urinalysis showed that
positive urinalysis, yo
discharge. An administ
June 1983 and found tha
and that you had used m
that you admitted using
urinalysis and that you
Reserve.
honorable conditions.
directed discharge unde
were so discharged on 3
In its review of your a
potentially mitigating
service, your contentio
The ADB recomm
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 10971-07
19 August 2008
your application for correction of your
o the provisions of title 10 of the United
2
the Board for Correction of Naval
cutive session, considered your
t 2008. Your allegations of error and
Md in accordance with administrative
res applicable to the proceedings of this
erial considered by the Board consisted of
her with all material submitted in support
ord and applicable statutes, regulations
ientious consideration of the entire
that the evidence submitted was
sh the existence of probable material
ine Corps Reserve on 10 July 1979. On 22
eted your initial period of active duty
Ssued a DD Form 214 showing four months
i Subsequently, you completed four
ing duty totaling about 52 days. Onl
moted to corporal.
Drug Laboratory reported that a
ou had used marijuana. Based on the
were processed for an administrative
ative discharge board (ADB) met on 12
the urinalysis was properly conducted
rijuana. IT was noted in the ADB report
marijuana a couple of weeks prior to the
desired to remain in the Marine Corps
ended your discharge under other than
ter review, the discharge authority
other than honorable conditions and you
August 1983.
yn
q
a
A
r
1
lication the Board carefully weighed all
ctors, such as your period of good
that you did not use drugs and that you
D
£
n
t
were innocent of the drug abuse charge. You State that you
desire recharacterization of your discharge so that you can
receive veterans' benefits. However, it is clear that you have
insufficient active gervice to be eligible for benefits. The
Board found that thesle factors and contention were not sufficient
to warrant recharacterization of your discharge given your
positive urinalysis ahd your admission that you had used
marijuana. The Board concluded that the discharge was proper as
issued and no change iis 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 regulayity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is lon the applicant to demonstrate the
existence of probable Imaterial error or injustice.
Sincerely, “~.
\S
WwW.
Executive D r
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