DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3701-10
9 February 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 8 February 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 28 September 1979 at age 17
and began a period of active duty on 25 June 1980. You served
without disciplinary incident until 18 June 1981, when you
received nonjudicial punishment (NIP) for wrongful use of
marijuana, failure to obey a lawful order, and a six day period
of unauthorized absence (UA). On 17 September 1981 you received
NOP for a 15 day period of UA and failure to go to your appointed
place of duty.
On 15 June 1983 you received your third NUP for wrongful use of
marijuana and were awarded a reduction to paygrade E-2 and a $100
forfeiture of pay. Shortly thereafter, on 29 July 1983, your
driving privileges were revoked for a year due toa traffic court
conviction of wrongful possession and use of marijuana.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. Your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. 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 21
September 1983, 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, desire to upgrade your discharge, and the passage of
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant wecharacterization of your discharge
because of the seriousness of your repetitive drug-related
misconduct, which resulted in three NIPS and a traffic court
conviction. Finally, no discharge is automatically upgraded due
solely to the passage of time or an individual’s good post
service conduct. 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 wifieial 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 imsustice.
Sincerely,
W. DEAN P
Executive
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