DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS ay
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No: 06284-08
i May 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 28 April 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 28 July 1980 at age 18. On
19 January and 26 April 1982, you received nonjudicial punishment
(NOP) for failure to go to your appointed place of duty,
disobedience, and dereliction of duty. On 6 October 1983, you
were convicted by summary court-martial (SCM) of possession and
use of marijuana. You were sentenced to a reduction in paygrade
and a forfeiture of pay.
On 31 October 1983, administrative discharge action was initiated
by reason of misconduct due to drug abuse. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct due to drug abuse. On 1 December 1983, the discharge
authority directed an other than honorable discharge by reason of
misconduct due to drug abuse. On 5 December 1983 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and contention of an unfair hearing and
judgment. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your two NJP’s, conviction by SCM, and the fact that
you were counseled and warned concerning the consequences of
further misconduct. Further, you waived the right to an ADB,
your best chance for retention or a better characterization of
service. With regard to your contention, the Board noted that
based on the information currently contained in your record, on
6 October 1983, you were offered the right to consult with
qualified counsel. However, you elected not to exercise that
right. Therefore, there is no evidence in the record to support
it, and you submitted no such evidence. 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,
W. DEAN PFE
Executive Di
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