DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
‘ WASHINGTON DG 20370-5100
SUN
Docket No: 02425-0909
i9 January 2010
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 12 January 2010. 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 and began a period of active
duty on 20 January 1982 after two years of honorable service.
You served without incident for over two more years until 18
April and 13 August 1984, when you were convicted by summary
courts-martial (SCM) for use of marijuana. Based on the
information currently contained in your record it appears that
administrative discharge action was initiated to separate you 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 case was forwarded
to the separation authority recommending an other than honorable
discharge by reason of misconduct due to drug abuse. The
discharge authority concurred and directed an other than
honorabie discharge by reason of misconduct due to druq abuse.
You were so discharged on 17 October 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your misconduct that resulted in two SCM’s
for drug use. Further, the Board noted that it appears you
waived the right to an ADB, your best opportunity for retention
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,
W. DEAN PFE
Executive Dik
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