DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11077-07
13 August 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 13 August 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 in September 1979 and were
discharged in February 1982. During the period of your service,
you were awarded two nonjudicial punishments (NJP) for drug usage
and disobeying a lawful order. In addition, you had received
several adverse counseling statements.
On 29 December 1981, you were notified of your processing for
- administrative separation due to misconduct. You were also
advised that you were not entitled to have your case presented to
and considered by an administrative discharge board, since you
elected to be discharged to escape a trial by court-martial and
you had less than six years of active duty.
On 4 January 1982, you were recommended for a general discharge
by your commanding officer (CO). You were advised that the
Commandant of the Marine Corps (CMC) could disapprove your CO’s
recommendation and give you an other than honorable (OTH)
discharge. On 29 January 1982, CMC did not approve the general
discharge and authorized an OTH discharge, based on your repeated
offenses for drug usage, and on 12 February 1982, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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,
Executive Di
4
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