DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
SIN
WASHINGTON D .
C 20370-5100 Docket No: 07927-10
28 February 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 23 February 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 reenlisted in the Marine Corps after almost two years of
honorable service. The Board found that on 13 January 1986, you
received nonjudicial punishment (NJP) for wrongful use of
marijuana. On 11 September 1986, a medical entry stated, in
part, that you admitted to vague suicidal ideation, and were
unhappy with the Marine Corps. You were diagnosed with a mixed
personality disorder and intense suicidal ideation. However, you
were determined to be responsible for your actions. Further,
that you were expected to “act out" and try to manipulate the
system for your personal gain. On 17 September 1986, you were
convicted by summary court-martial (SCM) of making a false
official statement. You were sentenced to a reduction in rate, a
forfeiture of pay, and restriction. You were counseled and
warned that further misconduct could result in administrative
discharge action. Despite the warning , on 7 July 1987, you
received a second NUP for wrongful use of marijuana.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug abuse. 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. On 10 November 1987,
you were so discharged.
The Board, in its review of your application, carefully weighed
:all potentially mitagating factors, such as your youth, prior
‘gyhonorable service, “post service accomplishments, and character
aletters. Nevertheless, the Board concluded these factors were
‘not sufficient to warrant *recharacterization of your discharge
given your two NJB’s for drug use, SCM conviction of a very
serious offense, and the fact that you were warned of the
consequences of further misconduct. Further, the Board noted
that 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,
\ pease,
W. DEAN PF
Executive oO
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