DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01202-10
4 November 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 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 and began a period of active
duty on 24 November 1976. On 4 October 1977, you were counseled
concerning your substandard hygiene. On 28 December 1977, you
were counseled for the second time concerning your substandard
hygiene. On 18 January 1978, you received counseling concerning
your substandard performance of duty. On 10 June 1978, you
received nonjudicial punishment (NUP) for wrongful possession of
Marijuana. On 15 August 1978, you were counseled for your
frequent involvement with illegal drugs. On 30 August 1978, you
received NIP for wrongful possession of marijuana seeds, and drug
paraphernalia. On 1 November 1978, you failed your physical
fitness test and were assigned to the physical development
program. You were informed that you would receive an RE-3C
reenlistment code at the expiration of your term of active
obligated service since you were not eligible for reenlistment.
The discharge authority directed a general discharge. You were
so discharged on 8 December 1978.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of two NUP’s for possession of drugs. The
Board also noted that you were fortunate to receive a general
discharge since a separation under other than honorable
conditions is often directed when an individual is found to have
committed misconduct. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
‘Et 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,
LD Dead
W. DEAN PF
Executive ector
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