DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 814-11
25 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, sgectiorm 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 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 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 24
April 1978. You received nonjudicial punishment on two
occasions for unauthorized absence (four periods totaling 40
days). You were also convicted by civil authorities of selling
lysergic acid diethylamide (LSD). You were then notified that
your commanding officer was recommending you for administrative
separation with an other than honorable (OTH) characterization
of service due to misconduct (conviction by civil authorities).
You waived all of your procedural rights, including your right
to an administrative discharge board (ADB). On 27 July 1980,
you received an OTH characterization of service due to
misconduct (conviction by civil authorities), and were assigned
an RE-4 (not recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to upgrade your discharge. The Board concluded,
however, that your discharge should not be changed due to your
serious acts of misconduct. The Board found that you waived
your right to an ADB, your best opportunity for retention or a
better characterization of service. You are advised that no
discharge is automatically upgraded due merely to the passage
of time or post service good conduct. In view of the above,
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,
\Seute
W. DEAN PFRI
Executive Dil tor
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