DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 03335-03
25 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 23 February 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.
Bfter 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 10 August 1989 at age 48. You served without incident
for over three years until 8 January 1993, when you received
nonjudicial punishment (NIP) for wrongful use of marijuana.
On 1 March 1993, administrative discharge action was initiated to
separate you by reason of misconduct due to drug abuse.
You elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 23 April 1993, the ADB
recommended separation with an other than honorable discharge by
reason of misconduct due to drug abuse. On 18 May 1993, your
commanding officer concurred with the ADB's findings and
forwarded his recommendation that you be discharged. On 8 June
1993, the separation authority directed an other than honorable
discharge by reason of misconduct due to drug abuse. On 18 June
1983 you were sO discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that your characterization of service would
automatically be upgraded after six months. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your NUP for drug
use. Finally, you are advised that there is no provision in law
or Navy regulations that allow for recharacterization of
discharges 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.
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 PFEIFFER
Executive Director
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