DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06671-10
4 April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions ef tatle 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 30 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 and began a period of active
duty on 14 February 1979. On 17 June 1981, you provided a
urinalysis sample which tested positive for phencyclidine (PCP) .
On 31 March 1980, you received nonjudicial punishment (NJP) for
failure to go to your appointed place of duty. On 10 February
1982, you were convicted by a summary court-martial (SCM) of
violation of a lawful general regulation by wrongfully possessing
marijuana. You were sentenced to a forfeiture of $266, reduction
in pay grade, and confinement at hard labor for 30 days. You
were informed that you would receive a general discharge at the
expiration of your term of active obligated service and were not
eligible for reenlistment. The discharge authority directed a
general discharge. You were so discharged on 12 March 1982.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of one NUP, and one conviction by SCM of
misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed misconduct. 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 decjsion 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,
were
W. DEAN PHRI
Executive Bi tor
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