DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 06374-10
11 April 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 5 April 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
iarjpuUsci ce.
You enlisted in the Marine Corps and began a period of active
duty on 13 March 1984. The Board found that you received four
nonjudicial punishments (NJP’s) for wrongful use of marijuana,
negligently discharging a firearm, possession of an alcohol
beverage in the enlisted quarters, and wrongful use of cocaine
and amphetamines/methamphetamines. Additionally, you were
counseled and warned after your second NUP, that further
misconduct could result in administrative discharge action.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug abuse. It appears you waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded recommending that you be discharged under other
than honorable conditions by reason of misconduct. The discharge
authority concurred and directed an other than honorable
discharge by reason of misconduct due to drug abuse. You were so
discharged on 18 December 1987.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, character letters, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your four NUP’s, two of which were for drug use, and the fact
that you were warned of the consequences of further misconduct
and drug involement. Finally, the Board noted that it appears
‘you waived the rigHt to an ADB, your best chance for retention or
a better characterization of service. 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,
W. D
EAN P R
Executive Pirector
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