DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11672-10
18 August 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 16 August 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
injustice.
You enlisted in the Marine Corps on 28 May 1981 at age 18 and
served for about nine months without disciplinary incident.
However, on 24 February 1982, you received nonjudicial punishment
(NIP) for assault with a deadly weapon, specifically, a knife.
The punishment imposed was restriction and extra duty for 14 days
and a $100 forfeiture of pay.
During the period from 21 January to 18 May 1983 you were the
subject of various offenses that were referred for trial. The
charges were two periods of failure to go to your appointed place
of duty, larceny, theft of a gold watch valued at about $312.70,
assault with a 30 inch long 2x4 wooden board, wrongful possession
and use of marijuana, and disobedience. However, the record does
not reflect the disciplinary action taken, if any, for this
ttisconduct. Shortly thereafter, upon completion of a medical
evaluation on 8 June 1983, you were diagnosed with an inadequate
personality and as drug dependent.
Subsequently, in August 1983, you were administratively processed
for separation by reason of misconduct due to drug abuse. After
consulting with legal counsel, you waived your procedural right
to present your case to an administrative discharge board (ADB).
Shortly thereafter, the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 12 August 1983,
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
other than honorable discharge. It also considered the character
reference letters and background record check provided in support
of your case. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct which resulted in an NUP and referral for trial by
court-martial. 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,
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