DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DEC 20370-5100
TOR
Docket No: 6536-09
3 June 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 2 June 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 yaval 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 on 19 November 1979 and
continued to serve without disciplinary incident until 2 May
1983, when you received nonjudicial punishment (NJP) for
Your record reflects that on 5 July and again on 14 November 1983
your urine sample tested positive for cocaine. As a result, you
were notified of pending administrative separation action by
reason of misconduct due to drug abuse. After waiving your
procedural rights to consult with legal counsel and to present
your case to an administrative discharge board (ADB), your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
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 19
March 1984, 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 assertion that the urinalysis testing was
incorrectly conducted and/or processed. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct that resulted in two failed
urinalysis. Finally, there is documented evidence in the record
that is contrary to your assertion. 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 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 itjustice.
Sincerely,
\S
W. DEAN
Executive
tor
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