DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5700
TAL
Docket No: 00734-0929
9 November 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. ae
application on.28 October 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 Corp and began a period of active duty
on 18 June 1984 at age 18. On 17 April 1985, you received
nonjudicial punishment’ (NJP) for wrongful use of Marijuana.
On 7 May 1985, administrative discharge action was initiated by
reason of misconduct due to drug use. You waived your rights to
consult. counsel, gubmit a statement or have your case heard by an
administrative discharge board (ADB). On 20 May 1985, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. On 28 May 1985, the discharge authority directed
an OTH discharge by reason of misconduct due to drug use. On 4
dune 1985 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
relatively short period of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. Finally, the Board noted that you waived the
vight to an ADB, your best chance for rerention or a better
characterization of service. 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,
Executive D
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