DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2030-08
7 January 2009
This is in reference to
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
your application for correction of your
A three-member panel of the Board for Correction of Naval
Records, Sitting in executive session, considered your
application on 6 January 2009. 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 on 8 July 1982 and served
without disciplinary infraction until 21 April 1983, when you
were convicted by special court-martial (SPCM) of wrongful
possession of marijuana. You were sentenced to confinement at
hard labor for one month and a $350 forfeiture of pay.
On 31 May 1993 you were notified of pending administrative
separation action under honorable conditions by reason of
misconduct due to drug abuse. You waived your right to consult
with legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct. However, on 27 July 1983, the discharge authority
directed a general discharge by reason of misconduct due to drug
abuse, and on 5 August 1983 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion that because
you were never found positive for tllegal drug use, the
characterization of your discharge should be honorable.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your possession of marijuana. Finally, Sailors
separated by reason of misconduct normally receive other than
honorable discharges. As such, the Board noted that you were
fortunate to receive a general discharge. 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,
W. DEAN PF
Executive D
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