DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4952-08
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 6 July 1981, you enlisted in the Marine Corps at age 18. On
13 January 1982, you had nonjudicial punishment (NJP) for assault.
On 22 January 1982, you were counseled regarding a poor attitude.
On 5 March 1982, you had NUP for sleeping while on watch. On
9 April 1982, you were counseled regarding deficiencies in your
performance and conduct and warned that further infractions could
result in disciplinary action. During the period 20 April 1982 to
22 November 1983, you had NUP on three occasions. Your offenses
included conduct unbecoming a Marine, failure to go to your appointed
place of duty, and use of marijuana.
Based on the information currently contained in the record, it
appears that your commanding officer subsequently initiated
administrative separation by reason of misconduct due to drug abuse.
In connection with this processing, you would have acknowledged that
separation could result in an other than honorable (OTH) discharge
and afforded the right to have your case heard by an administrative
discharge board (ADB), but it appears that you waived that right. On
22 February 1984, the staff judge advocate found that your case was
sufficient in law and fact. On 27 February 1984, the separation
authority approved the discharge recommendation and directed an
OTH discharge by reason of misconduct due to drug abuse. On
14 March 1984, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth 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. 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.
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,
\g
W. DEAN PF
Executive Di r
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