DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 2406-08
23 January 2009
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 22 January 2009. The names and votes of the
members of the panel will be furnished upon request.
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 14 January 1982 at age 24 and
began a period of active duty on 28 September 1982. You served
without disciplinary incident until 14 August 1986, when you
received nonjudicial punishment (NUP) for wrongful use of
cocaine. About three months later, on 12 November 1986, you
received NUP for dereliction of duty and failure to obey a lawful
order. On 15 January 1987 you received your third NJP for a 14
day period of unauthorized absence (UA). The punishment imposed
was reduction to paygrade E-2 and a $736 forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADR).
Your commanding officer recommended an other than honorable
discharge by reason of misconduct due to drug abuse. On 10 March
1987 the discharge authority approved this recommendation, and on
18 March 1987, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, the passage of time, and your desire
to change the characterization of your discharge so that you may
obtain medical assistance. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct
which included wrongful use of cocaine. Finally, you were given
an opportunity to defend yourself, but waived your procedural
right to present your case to an ADB. Accordingly, your
application has been denied.
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 or
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