DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2585-08
6 November 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
5 November 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.
On 25 May 1983, you reenlisted in the Marine Corps at age 25 after a
prior period of honorable service. On 1 June 1983, your urinalysis
tested positive for marijuana. On 20 June 1983, you were counseled
regarding deficiencies in your performance and conduct and warned
that further infractions may result in disciplinary action or an
other than honorable (OTH) discharge. On 7 July 1983, you had
nonjudicial punishment (NUP) for use of marijuana and a two day
period of unauthorized absence. On 14 July 1983, you were assigned
to a urinalysis surveillance program and your first urinalysis tested
positive for marijuana. On 15 July 1983, suspended punishment from
the NUP was vacated.
On 25 July 1983, your commanding officer initiated administrative
separation by reason of misconduct due to drug abuse. In connection
with this processing, you acknowledged that separation could result
in an OTH discharge and although you first elected to have your case
heard by an administrative discharge board (ADB), you later waived
that right after you consulted with counsel. On 16 August 1983,
the separation authority approved the recommendation and directed
an OTH discharge by reason of misconduct due to drug abuse. On
29 August 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior
period of honorable service and desire for a better discharge.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of your misconduct that continued even after you were
warned that further infractions could result in an OTH discharge.
The Board also noted that although you first elected to have your
case heard by an ADB, you later waived that right, which was your
best opportunity for retention or a more favorable characterization
of service. Therefore, the Board concluded that the discharge was
proper as issued and no change is warranted. Accordingly, your
application has been denied.. The names and votes of the members of
the panel will be furnished upon request.
The Board noted that as a result of your prior period of honorable
service, you may be eligible for veterans' benefits. You should
contact the nearest office of the Department of Veterans Affairs if
you desire clarification about your eligibility for those benefits.
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,
\s “nD PPETREER
Executive Dir
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