DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 08120-08
26 June 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 23 June 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 ail material: submitted in support
thereof, your naval record, and applicable statutes, reguiations,
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 and began a period of active
duty on 4 September 1981 at age 22. On 23 November 1982 and
26 July 1984, you received nonjudicial punishment (NUP) for
absence from your appointed place of duty, wrongful use of
marijuana and morphine, and dereliction of duty.
On 14 August 1984, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
You elected to consult with legal counsel and subsequently
requested an administrative discharge board (ADB).
On 30 August 1984 an ADB unanimously found that you had committed
misconduct due to drug abuse and recommended discharge under
other than honorable conditions. Your commanding officer
concurred with the ADB and forwarded your case for review.
On 24 September 1984, the separation authority directed an other
than honorable discharge by reason of misconduct due to drug
abuse. On 9 October 1984 you were so discharged.
The Board, in its review of your application, carefully weighed
ali potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in two
NJP's, one of which was for drug use. 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,
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