DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9268-09
28 May 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 26 May 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 that the evidence submitted was:
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 18 March 1981. On 20 July 1982,
you were counseled for possession of alcoholic beverages as a
minor. You received nonjudicial punishment (NIP) on two
occasions and a summary court-martial for unauthorized absence
(three days), wrongful possession of marijuana {two
specifications), and wrongfully permitting a female visitor in
the barracks. On 5 April 1983, you were diagnosed ag
psychologically dependent on marijuana, cocaine, hallucinogens,
and alcohol by a medical officer. You declined formal drug
rehabilitation treatment. On 26 April 1983, you were notified
that your commanding officer was recommending you for
administrative separation with an other than honorable (OTH)
discharge for misconduct (drug abuse). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 20 May 1983, you received an OTH
discharge for misconduct (drug abuse), and were assigned an RE--
4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
remorse. However, the Board concluded that your OTH discharge
should not be changed due to your drug-related misconduct.
The Board found you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. In view of the above, 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,
WyQour
W. DEAN PFE
Executive D
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