DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 04481-10
2 February 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 ef the 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 2 February 2011. 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 18 April 1983, at age 18. On
22 July 1983, you received nonjudicial punishment (NJP) for
wrongful use of marijuana. On 16 August 1983, you received NJP
for breaking restriction, operating a motor vehicle while under
the influence of alcohol, and failure to obey a lawful order. On
31 January 1985, you received your third NIP for the wrongful use
of marijuana. On 4 February 1985, administrative separation
action was initiated by reason of misconduct for drug abuse. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct (drug abuse). On 25 March 1985, the discharge
authority directed an other than honorable discharge by reason of
misconduct (drug abuse). On 5 April 1985, you were so
discharged. At that time you were assigned an RE-3B reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of three NUJP’s for drug
abuse and misconduct. The Board noted that you waived your LOE
to an ADB, your best opportunity for retention or a more
favorable characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
r
“It is regrette@ that the circumstances of your case are such that
favorable action,ycannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or othér 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,
La Sese
W. DEAN PFE
Executive D
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