DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASHINGTON DC 20370-5100 , -
Docket No: 10553-09
9 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.
BR three-member panel of the Board» for Correction of Naval
Records, sitting in executive sessiom, -considered your
application on 8 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 on 29 August 1980, at age 18.
Between 11 January and 8 December 1982, you received two
nonjudicial punishments (NJP’s) for the illegal use and
possession of a controlled substance, and a smoking device
containing traces of hashish. On 17 May 1983, administrative
separation action was initiated by reason of misconduct for drug
abuse. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 24 May 1983, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable conditions by reason of misconduct. The discharge
authority directed an other than honorable discharge by reason of
misconduct for drug abuse. On 23 June 1983, you were so
discharged. At that time you were assigned an RE-4 reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of two NUJP’s for drug abuse.
The Board noted that you waived your rights to an ADB, your best
required when an individual is discharged prior t } expiration
of his term of active obligated service for misconduct and is not
recommended for retention Accordingly, your application has
teben.
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,
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