DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 09661-08
24 August 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 18 August 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 enlisted in the Marine Corps and began a period of active
duty on 3 November 1982 at age 18. During the period from 6 July
1983 to 9 February 1984, you received three nonjudicial
punishments (WIP's) for two instances of wrongful use of
marijuana, making a False official statement, carrying a
concealed weapon, and disobedience.
On 22 March 1984, administrative discharge action was initiated
by reason of misconduct due to drug abuse. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your
commanding officer forwarded your case with the recommendation
that you be discharged under other than honorable conditions by
reason of misconduct due to drug abuse. On 19 April 1984, you
received a fourth NJP for wrongful use of marijuana. You
received a reduction in paygrade and a forfeiture of pay.
On 3 May 1984, the separation authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
On 8 May 1984 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and belief that your characterization of
service would be upgraded six months after you were discharged.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your four NUP's, three of which were for drug
involvement. Further, you waived the right to an ADB, your best
chance for retention or a better characterization of service.
You should also understand that there is no provision in the law
or naval regulations that allow for recharacterization
automatically after six months or due solely to the passage of
time. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request. oe
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitied 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 ali 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,
\Xoas
W. DEAN P
Executive Dir
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