DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7334-10
29 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.
AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 March 2011. Your allegations of error and
injustice were reviewed +n 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
injusiice.
You enlisted in the Marine Corps and began a period of active
duty on 22 June 1981 at age 26. On 15 February 1983, you
received nonjudicial punishment (NOP) for unauthorized absence
(UA) from you unit and disobeying a lawful order given by a
superior commissioned officer. On 8 June 1983, you received a
positive result for marijuana use after a random urinalysis. You
were counseled regarding your misconduct and warned that further
offenses could result in administrative separation. On 25 July
1983, you were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct (drug abuse). You waived all of your procedural
rights, including your tight to ian administrative discharge board
(ADB). On 18 August 1983, the separation authority directed an
OTH discharge by reason of misconduct (drug abuse). On
2 September 1983 you were SO discharged.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NJPs and drug abuse. Finally, the Board found
that you waived the right to an ADB, your best opportunity for
retentjon or a better characterization of service. Accordingly,
your application has been denied. The names and votes of the
member of the panel will be furnished upon request.
Te istregretted that the #ircumstances of your case are such that
favorable action cannot be faken. ou 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 injuatice -
Sincerely,
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