DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 6864-10
9 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 8 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Marine Corps on 1 August 1980.
You received nonjudicial punishment on four occasions for
leaving your post before being properly relieved, wrongful
possession and use of marijuana, and conduct unbecoming of a
Marine by lying in the road and being drunk in camp. You
completed Level I drug rehabilitation. You were found to be
using drugs on two occasions after completion of
rehabilitation, once on the basis of an alleged overdose of
lysergic acid diethylamide (LSD). You were notified that your
commanding officer was recommending you for administrative
separation with an under conditions other than honorable (OTH)
discharge due to misconduct (frequent involvement with military
authorities). You waived all of your procedural rights,
including your right to an administrative discharge board
(ADB). On 30 August 1982, you received an under conditions OTH
discharge due to misconduct, and were assigned an RE-4 (not
recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth. The
Board concluded, however, that your discharge should not be
Ypgraded due to your /numerous acts of misconduct. The Board
found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that no discharge is upgraded due
merely to the passage of time or post service good conduct. In
view of the above, 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,
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