DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8474-08
20 July 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 1 July 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.
The Board found that you enlisted in the Marine Corps on 4
January 1984. You received two nonjudicial punishments for
offenses that included disrespect, larceny and wrongful use of
marijuana, amphetamine, and methamphetamine.
On 3 September 1986 your commanding officer recommended that you
be separated from the Marine Corps with a discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. After being informed of the recommendation, you elected
to waive the right to present your case to an administrative
discharge board. After review by the discharge authority, the
recommendation for separation was approved and you were
discharged on 13 October 1986 with a discharge under other than
honorable conditions.
tn its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service, and your contention that you were
punished twice for the same offense. Tt noted that it is proper
to initiate separation action for misconduct that has previously
been the subject of nonjudicial punishment action. The Board
concluded that the mitigating factors present in your case are
insufficient to warrant recharacterization of your discharge,
given your involvement with unlawful drugs. 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,
Lohan
W. DEAN PFE
Executive Di
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