DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ' *
WASHINGTON DC 20370-5100
TIR
Docket No: 1640-909
18 November 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 17 November 2009. The names and votes of the
members of the panel will be furnished upon request. 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 reenlisted in the Marine Corps on 4 June 1982 after five
years of prior honorable service. You continued to serve without
disciplinary incident until 14 February 1986, when you received
nonjudicial punishment (NJP) for wrongful use of Marijuana. The
punishment imposed was restriction and extra duty for 45 days and
reduction to paygrade E-4. About two months later, on 8 April
1986, you received NJP for two specifications of wrongful use of
marijuana and wrongful use of amphetamines/methamphetamines. The
punishment imposed was restriction and extra duty for 45 days and
reduction to paygrade E-3.
Shortly thereafter, on 14 April 1986, you were notified of
pending administrative separation action by reason of misconduct
due to drug abuse. At that time you waived your right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). On 16 April 1986 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 6 June 1986 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse, and on 13 June 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the serioushess of your drug related misconduct which
resulted in two NUJPs. Finally, you waived your procedural right
to present your case to an ADB and as such relinquished an
opportunity to defend yourself and possibly receive a better
characterization of service. 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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