DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ: ech
Docket No. 05814-08
26 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 24 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.
You served on active duty in the Marine Corps from 2 July 1973
to 19 February 1976 and again from 20 February 1976 to 21 May
1981. At the end of each of these enlistments you received an
honorable discharge. You reenlisted on 22 May 1981 for a term
of three years at age 26. Although you were thoroughly familiar
with the Marine Corps zero tolerance drug policy you were
convicted by summary court-martial on 13 May 1983 of using
marijuana between 18 January and 28 January 1983. On 8 December
1983 you received nonjudicial punishment for using marijuana
during the period from 3 October to 3 November 1983. Based on
your repeated acts of drug abuse you were recommended for
administrative separation with an other than honorable discharge
(OTH). After being informed of the recommended action you
waived your right to a hearing where with the assistance of a
military lawyer you could have requested retention or a better
discharge than the proposed OTH. Consequently you received an
OTH on 30 April 1984.
In view of your repeated acts of serious misconduct which
occurred after you were fully briefed on the Marine Corps’ zero
tolerance drug policy the Board concluded that your discharge
was proper as issued and should not be changed now as a matter
of clemency.
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,
\Deteedl
W. DEAN PF
Executive D xX
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