DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01174-10
4 November 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 3 November 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 9 October 1984, at age 18.
During July through September 1985, you attended a Level III in-
patient alcohol rehabilitation program. On 13 March 1986, you
received nonjudicial punishment (NUP) for being in an
unauthorized absence (UA) status during the drug surveillance
program, and an additional day. You then were required to attend
an Alcoholic Anonymous course twice a week and take antabuse
daily. You provided a positive drug test for
amphatamines/methamphetamines. On 9 June 1986, 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). Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct (drug abuse). The discharge
authority directed an other than honorable discharge by reason of
misconduct for drug abuse. On 31 July 1986, you were so
discharged. At that time you were assigned an appropriate 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 NJP for misconduct and
drug abuse. The Board noted that you waived your rights to an
ADB, your best opportunity for retention or a more favorable
characterization of service. Accordingly, your application has
peen denied. The names and votes of the members of the panel
will be furnished upon request.
9
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,
W. DEAN P R
Executive Eor
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