DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2.NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00258-11
18 October 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 12 October 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 ail 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 16 November 1983. The Board found that you signed a
statement of understanding concerning illegal drug use. On
16 October 1984 and 18 January 1985, you received two nonjudicial
punishments (NUP’s) for two instances of failure to go to your
appointed place of duty, four instances of uttering worthless
checks, unauthorized absence, absence from your appointed place
of duty, and disobedience. You were also convicted by summary
court-martial (SCM) of wrongful use of marijuana and two
specifications of failure to go to your appointed place of duty.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug use. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
{OTH) conditions by reason of misconduct. On 2 December 1985,
the discharge authority concurred and directed an OTH discharge
by reason of misconduct due to drug use. You were so discharged
on 18 December 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NJP’s, SCM
conviction of drug use, and the fact that you were briefed on
Marine Corps policy regarding illegal drug use. Finally, the
Board noted that you waived the right to an ADB, your best chance
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,
YsaQ aan
W. DEAN PFEL R
Executive Di
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