DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 9674-09
22 July 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 20 July 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 23 February 1981 at age 21
and served without disciplinary incident until 7 September 1982,
when you received nonjudicial punishment (NJP) for damaging
government property and failure to go to your appointed place of
duty. Nearly 10 months later, on 25 July 1983, you received NJP
for wrongful use of marijuana. On 25 August 1983 you received
your third NUP for absence from your appointed place of duty.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After waiving your procedural rights to legal counsel and 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 separation under other
than honorable conditions by reason of misconduct due to drug
abuse, and on 2 December 1983 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, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in three NJPs and included drug abuse. . Finally, you
were given an opportunity to defend your actions, but waived your
procedural right to present your case to an ADB. 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 injustice.
Sincerely,
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