DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TIR
Docket No: 2655-10
26 January 2011
é
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 19 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 enlisted in the Marine Corps on 17 September 1982 at age 18
and served without disciplinary incident until 29 July 1983, when
you received nonjudicial punishment (NOP) for two specifications
of wrongful use of marijuana. The punishment imposed was a $562
forfeiture of pay, extra duty and restriction for 45 days, and
reduction to paygrade E-1.
On 2 and 16 July 1984 you were counselled regarding deficiencies
in your performance and conduct, specifically, wrongful use,
possession, and sale of marijuana, failure to go to your
appointed place of duty, and exercising poor judgment. On both
occasions you were advised that your continued misconduct could
result in an administrative separation. On 30 July 1984 you were
administratively reduced in paygrade to E-2 due to your
incompetence. Shortly thereafter, on 8 August 1984, you were
sdentified as a marijuana user and recommended for an
administrative discharge. The recommendation stated, im part,
that you had shown blatant disregard of the Marine Corps drug
policy, failed to conform to minimum Standards, and had outlived
your usefulness in the Marine Corps. Subsequently, 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). On 17 August 1984 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 10 September 1984 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse, and on 23 February 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. 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 NUP and repeated counselling. Further, 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,
lane
W. DEAN PF R
Executive D oO
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