DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08636-10
27 April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 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 13 April 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 had six years of prior honorable service in the Marine Corps.
You reenlisted on 11 October 1983, and served without
disciplinary incident until 28 July 1984, when you received
nonjudicial punishment (NUP) for an unauthorized absence (UA).
Shortly thereafter, you received the following NJP's: on 14
November 1984, for the illegal use of a controlled substance
(marijuana); and on 8 February 1985, for larceny of property
valued at $98.00. You were then notified that you were being
recommended for separation with an other than honorable (OTH)
discharge due to misconduct (drug abuse). You exercised your
right to consult with counsel, but waived your right to an
administrative discharge board (ADB). The separation authority
approved the recommendation. Therefore, on 22 February 1985, you
were separated with an OTH discharge and an RE-3B reenlistment
code due to misconduct (drug abuse).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and prior honorable service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge due to your drug abuse and
other misconduct. The Board noted that you waived your right to
an ADB, your best opportunity 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,
W. DEAN Net
Executive tor
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