DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
SIN
Docket No: 12215-10
31 August 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 30 August 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 and began a period of active
duty on 1 December 1987. The Board found that you received two
nonjudicial punishments (NJP‘s) for wrongful use of marijuana and
cocaine. Subsequently, administrative discharge action was
initiated by reason of misconduct due to drug use. You elected
to consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 10 January 1989, an ADB
found that you had committed misconduct due to drug abuse, and
recommended discharge under other than honorable (OTH)
conditions. Your commanding officer (CO) concurred with the ADB
and forwarded your case to the discharge authority for review.
On 8 March 1989 the discharge authority directed an OTH discharge
by reason of misconduct due to drug abuse. On 10 March 1989 you
were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your two NUP’s for drug use. 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,
lw oeade
W. DEAN PF
Executive Dine
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