DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700
TIR
Docket No: 9401-08
30 July 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 28 July 2009. The names and votes of the members”
of the panel will be furnished upon request. Your ailegations
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.
Prior to your enlistment in the Marine Corps, you were evaluated
and granted an enlistment waiver for experimental drug usage in
July 1983.
You enlisted in the Marine Corps on 28 April 1986 at age 19 and
began a period of active duty on 19 August 1986. You served for
three years without disciplinary incident but on 19 May 1989, you
received nonjudicial punishment (NUP) for wrongful use of
marijuana and cocaine. The punishment imposed was restriction
and extra duty for 45 days and a reduction to paygrade E-2.
About a month later, on 21 June 1989, your urine sample tested
positive for marijuana and cocaine. Although there was no
evidence of drug dependency, you were recommended for Level II
rehabilitation.
On 22 May 1989 you were notified of pending administrative
separation by reason of misconduct due to drug abuse. After
consulting with legal counsel you waived your right to present
your case to an administrative discharge board (ADB). On 19 June
1989 your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. On 10 July 1989 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
18 August 1989, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you never smoked marijuana.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Further, you were given an opportunity to defend yourself and
possibly obtain a better characterization of service, but waived
your procedural right to present your case to an ADB. Finally,
there is documented evidence in the record which is contrary to
your assertion that you did not use marijuana. 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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