DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1140-08
24 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 17 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 30 July
1980. You received four nonjudicial punishments for offenses
that included disrespect, willful disobedience of a lawful order,
and unlawful use of marijuana on three occasions.
On 7 December 1983 your commanding officer recommended that you
be separated with a discharge under other than honorable
conditions by reason of misconduct due to drug abuse. When
informed of that recommendation, you waived the right to present
your case to an administrative discharge board. After review by
the discharge authority, the recommendation for separation was
approved and on 22 December 1983 you were separated by reason of
misconduct with an honorable discharge.
In its review of your application, the Board carefully considered
your contention that one of your urinalyses was contaminated.
The Board could not find any evidence in the available records or.
your application which corroborates that contention.
Accordingly, and as you have not demonstrated that the narrative
reason for your discharge is erroneous or unjust, your
application as 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,
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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 22 September, 5 October, and 10 October 1983, your urinalyses tested positive for marijuana. The Board noted that as a result of your prior periods of honorable service, you may be eligible for veterans' benefits.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 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. In connection with this processing, you would have acknowledged that separation could result in an other than honorable (OTH) discharge and been...
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Your allegations of error and 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2001. 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. Drug abuse...