DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10581-10
21 July 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 20 July 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 enlisted in the Marine Corps on 5 May 1980, at age 18. On
13 July 1981, you received nonjudicial punishment (NUP) for
disobeying a lawful order. On 23 February 1982, you received NUP
for destruction of government and nongovernment property, and
accessory after the fact of destroying property. On 18 July
1982, you received NUP for wrongful use of marijuana. On 6
October 1982, you were convicted by a special court-martial
(SPCM) of unlawfully assaulting a fellow Marine, willfully
disobeying an order, and unlawful possession of a weapon. You
were sentenced to a forfeiture of $500, reduction in pay grade,
and confinement at hard labor for two months. On 9 December
1982, you received your fourth NUP for violation of a lawful
general regulation, by providing a urinalysis sample which tested
positive for marijuana use. On 22 December 1982, administrative
separation action was initiated by reason of misconduct (drug
abuse). You waived your rights to consult counsel, submit a
Statement or have your case heard by an administrative discharge
board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct for drug abuse (use).
The discharge authority directed an OTH discharge by reason of
misconduct for drug abuse (use). On 28 January 1983, you were so
discharged. At that time you were assigned an RE-3B reenlistment
code.
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of one conviction by a SPCM,
and four NUP’s for drug abuse and misconduct. The Board noted
that you waived your right to an ADB, your best opportunity for
retention or a more favorable characterization of service.
Accordingly, your application has been denied. The names and
votes of thé 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 8
Executive
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