DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
TIR
Docket No: 6078-10
24 March 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 22 March 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 policiéé.
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 February 1987 at age 20
and began a period of active duty on 16 March 1987. You served
without disciplinary incident until 2 October 1988, when you
received nonjudicial punishment (NOP) for wrongful use of gocai ne
and marijuana. The punishment imposed was reduction to paygrade
E-1, and an $88 forfeiture of pay. You were also counselled and
warned that further misconduct would result in an administrative
separation. Nonetheless, on 4 December 1988, a drug laboratory
report noted that your urine sample had tested positive for
marijuana. You were again counselled regarding your drug abuse.
On 5 January 1989 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 6 January 1989 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. Subsequently, the discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct and on 27 February
1989 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 and desire to upgrade your discharge. It also
considered your assertion that you were not afforded treatment
for your drug and alcohol abuse. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
drug-related misconduct. Further, you were given an opportunity
to defend your actions, 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 thia regard, it ia 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,
Wess
W. DEAN P de R
Executive Director
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