DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07705-08
7 May 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 6 May 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 initially enlisted in the Marine Corps Reserve from 30 June
1978 to 10 December 1978, and then reenlisted in the Marine Corps
Reserve from 19 December 1978 to 19 April 1981, and received an
honorable discharge and an RE-1A reenlistment code for both
enlistments. Then on 20 April 1981, you reenlisted in the Marine
Corps for active duty service, and served without disciplinary
incident until 28 April 1983, when you tested positive for
illegal drug use during a random command urinalysis. As a
result, on 29 April 1983, you received nonjudicial punishment
(NUP) for the illegal use of marijuana. Further, on 8 July 1983,
you received another NUP for the illegal use of marijuana.
Therefore, on 30 August 1983, you were recommended for separation
with an other than honorable (OTH) discharge due to misconduct,
drug use. On the same day, the separation authority approved the
recommendation and on 19 October 1983, you were separated with an
OTH discharge and an RE-3B reenlistment code for your in-service
drug involvement.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. 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,
erty
W. DEAN PF
Executive tor
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