DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1733-09
11 January: 2010
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 5 January 2010. The names and-vetes-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 enlisted in the Marine Corps on 8 July 1981 at age 17. You
served without disciplinary incident until 5 May 1982, when you
received nonjudicial punishment (NJP) for wrongful use of
marijuana. The punishment imposed was correctional custody for
30 days and a $500 forfeiture of pay. About five months later,
on 15 October 1982, you were convicted by summary court-martial
(SCM) of wrongful possession of marijuana and possession of
alcoholic beverages as a minor. You were sentenced to a $367
forfeiture of pay, confinement at hard labor for one month, anda
reduction to paygrade E-1.
On 6 January 1983 your urine sample tested positive for
Marijuana. Shortly thereafter, on 11 February 1983, you were
notified of pending administrative separation action 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 14 February 1983 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 28 February 1983 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 16 March 1983, 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 request for the return of medals and uniforms.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge -
because of the seriousness of your alcohol and drug related
misconduct which resulted in an NUP and a SCM Further, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Finally,
Marines who are discharged under other than honorable conditions
are not entitled to medals, awards, or retention of official
military uniforms. 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. ยป
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,
Dae!
W. DEAN PFETRF
Executive Di r
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