DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
-WASHINGTON DC 20370-5100
TJIR
Docket No: 10278-1210
8 July 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 6 July 2011. The names and votes of the
members of the panel will be furnished upon request. 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
injust Lee.
You enlisted in the Marine Corps on 1 December 1982 at age 19 and
immediately began a period of active duty. You served without
@isciplinary incident until 23 February 1984, when you received
nonjudicial punishment (NUP) for sleeping on post.
On 30 January and again on 31 May 1985 you received NUP for
wrongful use of marijuana. On 25 October 1985 you received your
fourth NIP for absence from your appointed place of duty anda
three day period of unauthorized absence (UA). Subsequently, you
were notified of pending administrative separation action by
reason of misconduct due to drug abuse. At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board (ADB). On 8 November 1985
your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 14 November 1985 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse, and on 17 November 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your frequent and repeated drug
related misconduct which resulted in four NJPs. Further, you
were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
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,
\oQaa.,
W. DEAN PF
Executive Rir or
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