DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4598-09
12 March 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 3°March 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 enlisted in the Marine Corps and began a period of active
duty on 19 June 1985 at age 21. On 18 September 1985, you tested
positive for illegal drugs as a result of a command urinalysis.
You were counseled and warned that further misconduct could
result in administrative discharge processing. On 20 September
1985,. you received nonjudicial punishment (NUP) for wrongful use
of marijuana. On 7 October 1985, you tested positive for illegal
drugs as a result of a command urinalysis. You were again
counseled and warned that further misconduct could result in
administrative discharge processing. On 15 November 1985, you
were convicted by summary court-martial (SCM) for wrongful use of
marijuana. On 19 December 1985, you were convicted by 8CM of
wrongful use of marijuana. On 7 February 1986, 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). On 7 February 1986, your
commanding officer forwarded his recommendation for discharge
under other than honorable (OTH) conditions for misconduct due to
drug abuse. On 28 February 1986, the separation authority
directed an OTH discharge by reason of misconduct due to drug
abuse. On 17 March 1986 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your repeated
misconduct. Finally, the Board found that 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,
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