DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02781-08
8 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 11 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 enlisted in the Marine Corps on 5 October 1979, and served
without disciplinary incident until 8 May 1981, when you received
and were found guilty at nonjudicial punishment (NJP) for the
wrongful possession of marijuana, methamphetamines, and cocaine.
Shortly thereafter, on 8 July 1981, you were convicted at a
summary court-martial for the wrongful possession of
methamphetamines and insubordinate conduct toward a
noncommissioned officer.
In October 1981, you were notified of your processing for
administrative separation due to your misconduct. You were
advised of your rights and elected not to consult with counsel or
have an administrative discharge board. You were recommended for
discharge under other than honorable (OTH) conditions. The
separation authority approved the recommendation and directed an
OTH discharge and an RE-4 reenlistment code, and on 8 October
1981, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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 client’s case are
such that favorable action cannot be taken. Your client is
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,
Wun
W. DEAN
Executive
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