DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 10379-09
29 July 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 27 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 enlisted in the Marine Corps and began a period of active
duty on 27 June 1981. The Board found that you received
nonjudicial punishment (NJP) for possessing alcoholic beverages.
On 31 January and 14 April 1983, as a result of a command
directed and random urinalysis, you tested positive for marijuana
use. Subsequently, administrative discharge action was initiated
by reason of misconduct due to drug abuse. You elected to
consult counsel and have your case heard before an administrative
discharge board {ADB). On 13 October 1983, the ADB unanimously
recommended separation with an other than honorable (OTH)
discharge by reason of misconduct due to drug abuse. Your
commanding officer forwarded your case to the separation
authority concurring with the ADB’s findings and recommendations
that you be discharged. On 9 December 1983, the discharge
authority directed an OTH discharge by reason of misconduct due
to drug abuse. On 27 December 1983 you were so discharged,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post-service accomplishments, and character letter.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NUP and drug use. 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,
\p\oan
W. DEAN PFELRFE
Executive Dikec
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