DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05801-10
10 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 9 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 enlisted in the Marine Corps on 25 June 1981, at age 18. On
14 October 1982, you received nonjudicial punishment (NOP) for
failure to obey a lawful order. On 18 November 1982, you
received NJP for losing your military identification card, and
breaking restriction. On 22 March 1983, you received NUP for
wrongfully possessing and using marijuana, wrongfully possessing
a government pen which had traces of marijuana residue, and
failure to obey a written order by possessing alcohol in the
barracks. On 14 March 1984, you received your fifth NUP for two
incidents of failure to obey a lawful order, willful disrespect,
disobeying a lawful order, wrongfully accepting money for
crossing out gear on a fellow Marine’s custody card. On 29 March
1984, 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 (OTH) conditions by reason of misconduct (drug
abuse). On 17 April 1984, the discharge authority directed an
OTH discharge by reason of misconduct (drug abuse). On 2 May
1984, you were so discharged. At that time you were assigned an
RE-3B reenlistment code.
he Board, in its review of your application, carefully weighed
11 potentially mitigating factors, such as your youth, and
verall record of service. Nevertheless, the Board found that
hese factors were not sufficient to warrant recharacterization
f your discharge, given your record of five NJP’s for drug abuse
nd misconduct. Th Board noted that you waived your right to an
DB, your best opportunity for retention or a more favorable
haracterizatioh of Service. Accordingly, your application has
‘been denied. ‘the names and votes of the members of the panel
‘will be furnished upon request.
odtowH
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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 P
Executive Dik
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