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NAVY | BCNR | CY2008 | 02850-08
Original file (02850-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 02850-08
9 May 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 8 May 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 served on active duty in the Marine
Corps from 25 June 1982 to 25 October 1983, when you were
discharged by reason of misconduct-drug abuse, with a discharge
under other than honorable conditions. The discharge was:
specifically based on your wrongful use of marijuana or other
cannabinoid substance during March and July 1983.

The Board rejected your unsubstantiated contention that “the
series of urinalysis tests” was “done unlawfully”. In addition,
the Board could not find any indication in your naval record
the time of your discharge. You would not have been entitled to
disability separation or retirement even if you had been unfit,
because your discharge by reason of misconduct would have
precluded disability processing. 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,

\ 2» f<-

ROBERT D. SALMAN

Acting Executive Director

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