DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05787-10
16 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of 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 16 March 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 reenlisted in the Marine Corps on 12 January 1983, after
serving eight years honorably. On 17 January 1985, you were
convicted by a special court-martial (SPCM) of being in an
unauthorized absence status for six days, and the wrongful use of
marijuana. You were sentenced to forfeitures of $1,239,
reduction in pay grade, and confinement at hard labor for three
months. On 22 March 1985, administrative separation action was
initiated by reason of misconduct for drug abuse. On 4 April
1985, your case was heard by an administrative discharge board
(ADB), which voted three to zero in favor of an other than
honorable (OTH) discharge due to misconduct (drug abuse). Your
commanding officer concurred with the ADB’s finding and
recommended that you be discharged under other than honorable OTH
conditions by reason of misconduct (drug abuse). The discharge
authority directed an OTH discharge by reason of misconduct for
drug abuse. On 22 May 1985, you were 50 discharged. At that
time you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant changing the reason or
characterization of your discharge given your record of one
conviction by SPCM of drug abuse, and other misconduct. An RE-4
reenlistment code is required when an individual is discharged
due to misconduct such as drug abuse. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
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,
aan
W. DEAN PFE
Executive Di
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