DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1560-10
20 October 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 13 October 2010. The names and votes of the
members of the panel will be furnished upon request. 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 24 April 1982 at age 18 and
began a period of active duty on 16 November 1982. You served
without disciplinary infraction until 4 September 1984, when your
urine sample tested positive for an illegal substance resulting
in a failed urinalysis. At that time you were assigned to a drug
testing program. On 26 September 1984 you received nonjudicial
punishment (NJP) for wrongful use of marijuana. The punishment
imposed was restriction for 30 days, reduction to paygrade E-2,
and a $300 forfeiture of pay. Shortly thereafter, on 20 December
1984, you were removed from the drug testing program as a result
of eight negative urinalyses.
On 16 December 1985 you received your second NUP for wrongful use
of marijuana and were awarded a reduction to paygrade E-2,
restriction and extra duty for 45 days, and a $700 forfeiture GE
pay. Subsequently, you were processed for an administrative
separation by reason of misconduct due to drug abuse. After
waiving your procedural rights, the discharge authority directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct due to drug abuse, and on 15
October 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
ying. youth, post service conduct, and desire to upgrade your
ischarge. “Nevertheless, the Board concluded these factors were
riot sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct which
resulted in two NJPs. Further, you were given an opportunity to
“defend yourself, but waived your procedural right to present your
case to an administrative discharge board. Accordingly, your
application has been denied.
Regarding your request for a hearing, Board regulations state
that personal appearances before the Board are not granted as a
right, but only when the Board determines that such an appearance
will serve some useful purpose. In your case, the Board
determined that a personal appearance was not necessary and
considered your case based on the evidence of record.
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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