DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06601-10
18 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 17 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 entered active duty in the Marine Corps on 14 May 1982, On
5 April 1984, you received nonjudicial punishment (NJP) for
wrongful use of marijuana. You were recommended for
administrative discharge due to misconduct (drug abuse). On
14 May 1984, 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 receive an OTH discharge by reason of
misconduct (drug abuse). On 25 May 1984, you received the OTH
due to misconduct (drug abuse). At that time you were assigned
an RE-3B reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of one NUP for 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,
W. Le 4 E B
Executive D Oo
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