DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 12616-09
7 September 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 26 August 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 15 January 1980, and served
without disciplinary incident until 29 October 1981, when you
received nonjudicial punishment (NUP) for failure to obey a
lawful order. Shortly thereafter, you received the following
disciplinary actions: on 26 August 1982, you received NJP for
wrongful possession and use of marijuana and drug paraphernalia.
Therefore, you were recommended for separation with an other than
honorable (OTH) discharge due to drug abuse. You waived your
right to consult with counsel and request an administrative
discharge board (ADB). The separation authority approved the
recommendation and on 13 December 1983, you were separated for
drug abuse with an OTH discharge and an RE-3B 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. Furthermore, the Board found you waived
your right to an ADB, your best opportunity for retention or a
better characterization of service. Finally, there is no
provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
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,
\oQaug
W. DEAN PF F
Executive el
on
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