DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4935-08
20 February 2009
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
19 February 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 30 September 1982, you reenlisted in the Marine Corps at age 21
after a prior period of honorable service. On 14 November 1982, you
were awarded the Good Conduct Medal. On 15 April and 23 May 1983,
you had nonjudicial punishment (NJP) for two instances of use of
Marijuana, use of cocaine, and two instances of failure to go to your
appointed place of duty. On 23 May 1983, suspended punishment was
also vacated from the NJP that you had on 15 April 1983.
On 15 August 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 other than honorable (OTH) discharge and waived the right to
have your case heard by an administrative discharge board (ADB). On
23 September 1983, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of misconduct
due to drug abuse. On 21 November 1983, you were convicted by a
summary court-martial of two instances of disobedience of a lawful
order and an additional offense that is currently not contained in
the record. Your discharge was then held in abeyance pending
completion of your sentence that resulted from your court-martial
conviction. On 15 February 1984, you were separated with an OTH
discharge by reason of misconduct due to drug abuse.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your period of
honorable service, and desire for a better discharge. The Board
also considered your contention that you had a drug problem and
were discharged instead of receiving substance abuse treatment.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of your misconduct. Regarding your contention, your
discharge met the requirements established by regulations and there
is no evidence in the record to show that you requested or were
denied substance abuse treatment. The Board also noted that you
waived the right to have your case heard by an ADB, 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 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,
Executive Dir
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