DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3958-09
26 March 2010
This is in reférence 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 23 March 2010. 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 enlisted in the Marine Corps on 9 September 1981 at age 20.
You served without disciplinary incident until $ June 1983, when
you received nonjudicial punishment (NJP) for failure to obey a
lawful order, dereliction of duty, and absence from your
appointed place of duty.
On 18 January 1985 you received NJP for wrongful use of cocaine
and marijuana. About six months later, on 14 June 1985, you
received your third NUP for four periods of absence from your
appointed place of duty, specifically, urinalysis testing. The
punishment imposed was reduction to paygrade E-2. Subsequently,
you filed an appeal to the latter NIP, but it was denied.
On 30 August i985 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). An ADB
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 9 September 198 your
commanding officer, in concurrence with the ADB, also recommended
discharge under other than honorable conditions by reason of |
misconduct due to drug abuse. On 15 November 1985 the discharge
authority approved these recommendations and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 21 November
1985, 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 assertions that you served honorably and believe
that your discharge was the result of you not wanting to remain
in the Marine Corps. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug and alcohol
related misconduct. Finally, there is no evidence in the record,
and you submitted none, to support your assertions. 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 reqularity 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 ER
Executive DAlréctor
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