DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08581-09
7 July 2010
Dear oi iia.
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 1 July 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 entered active duty in the Marine Corps on 15 December 1983,
and served without disciplinary incident until 5 March 1985, when
you received nonjudicial punishment for the illegal use of a
controlled substance (marijuana). In April 1985, you were
offered, accepted and completed Level II drug rehabilitation.
However, shortly thereafter, on 11 September 1987, you were
convicted at a summary court-martial for the illegal use of a
controlled substance (marijuana). You were then recommended for
separation with an other than honorable (OTH) discharge due to
drug abuse. You waived your rights to consult with counsel and
request an administrative discharge board (ADB). Therefore, the
_-®eparation authority approved the recommendation and on 26
October 1987, you were separated for drug abuse with an OTH
discharge and an RE-4B reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
due to your drug abuse. The Board found that you waived your
procedural 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,
\adeop |
W. DEAN P
Executive \D3 tor
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