DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 7498-08
12 June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 9 June 2009. The names and votes of the
members of the panel wiil be furnished upon request. 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 24 January 1984 at age i8 and
served for a year and five months without disciplinary incident.
However, on 22 May 1985, you were convicted by special court-
martial (SPCM) of a one day period of unauthorized absence (UA),
failure to obey a lawful order by having a pellet gun in the
barracks, destroying government property, discharging a pellet
gun, and wrongful possession of marijuana. You were sentenced to
confinement at hard labor for two months, a $200 forfeiture of
pay, and reduction to paygrade E-1.
On 4 February 1986 you were convicted by summary court-martial
(SCM) of wrongful use of marijuana and sentenced to a $426
forfeiture of pay and confinement at hard labor for 30 days.
About three months later, on 28 May 1986, you were notified of
pending administrative separation action by reason of misconduct
due to drug abuse. At that time you waived your right to consult
with legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended an
other than honorable discharge by reason of misconduct due to
drug abuse. On 11 July 1986 the discharge authority approved
this recommendation and on 25 July 1986 you were issued an other
than honorable discharge by reason of misconduct due to drug
abuse.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth and desire to upgrade your discharge. It also considered
your assertion that you were told that you were being discharged
under an “early-out” program and that your discharge would be
automatically upgraded six months after your separation from the
Marine Corps. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive drug
related misconduct which resulted in convictions by SPCM and SCM.
The Board concluded that you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. Further, the Board concluded that your record
contains documented evidence that is contrary to your assertion
of being discharged in accordance with an “early-out” program.
Finally, no discharge is automatically upgraded due solely to the
passage of time. Accordingly, your application has been denied.
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,
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