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NAVY | BCNR | CY2008 | 00070-08
Original file (00070-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SUN
Docket No: 00070-08
11 December 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 December 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 30 September 1981 after
three years of honorable service. On 13 August 1982, you gave a
urine sample that test positive for marijuana. On 1 September
1992, a subsequent urinalysis was administered, which also tested
positive for marijuana.

On 5 October 1982, you received nonjudicial punishment (NUP) for
wrongful use of marijuana. You received a reduction in rate and
a forfeiture of pay. Additionally, you were placed on your
command’s urinalysis program. On 25 September 1982, you provided
a urine sample that proved to be negative. However, on

28 October 1982, you were tested again, and your sample tested
positive for marijuana use.

On 18 March 1983, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB).
Your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct due to drug abuse. On 15 July 1983, the discharge
authority directed an other than honorable discharge by reason of
misconduct due to drug abuse. You were so discharged on

12 August 1983.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and overall record of your last period of
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your misconduct that resulted in NUP for drug use, and
failure to adhere to your command’s rehabilitation program.
Further, the Board noted that you waived the right to an ADB,
your best opportunity for retention or a better characterization
of service. 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,

\7 .
W. DEAN PF
Executive Dir

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