DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2181-10
14 January 2011
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 11 January 2011. 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 reenlisted in the Marine Corps on 22 December 1981 after
about seven years of prior honorable service. You continued to
serve without disciplinary incident until 26 October 1982, when
you received nonjudicial punishment (NOP) for wrongful
fraternization with a student and were awarded a $50 forfeiture
of pay.
On 3 February 1983 you received NJP for wrongful possession and
use of marijuana. About five months later, on 21 July 1, 1983,
you were convicted by summary court-martial (SCM) of wrongful use
and possession of marijuana. You were sentenced to confinement
at hard labor for 29 days, a $350 forfeiture of pay, and
reduction to paygrade E-1. Shortly thereafter, on 1 October
1983, you were convicted by civil authorities. However, the
record does not reflect the charges for which you were convicted
or the sentence of the civil court.
On 26 October 1983 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
Subsequently, your commanding officer recommended discharge under
honorable conditions by reason of misconduct due to drug abuse.
However, on 29 November 1983, the discharge authority approved
the recommendation for discharge, but directed your commanding
officer to issue you an other than honorable discharge by reason
o£ misconduct due to dgug abuse, and on 1 December 1983, you were
so; discharged j .
: 2
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and your desire to upgrade your
discharge so that you may obtain benefits. It also considered
your assertion that your discharge should be upgraded because you
served well and only “smoked weed/used marijuana” on your own
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct which
resulted in two NUPs and a court-martial conviction. Finally,
you were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
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,
Executive Di
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