DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 4519-09
12 April 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 6 April 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 19 November 1980 at age 17
and began a period of active duty on 24 July 1981. Your record
reflects that on 26 April 1982 and again on 30 May 1984 you
received nonjudicial punishment (NUP) for wrongful possession and
use of marijuana. Subsequently, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. 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 23 July 1984, you were so
discharged. ,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such ag.
your youth, post service conduct, and your 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 misconduct which resulted in
two NUPs and included drug abuse. 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,
W. DEAN PFEIFFER
Executive Director
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