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NAVY | BCNR | CY2011 | 03791-11
Original file (03791-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGQRDS

701 S, COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490

 

BAN
Docket No: 03791-11
31 January 2012

 

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 31 January 2012. 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 entered active duty in the Marine Corps on 17 June 1981, and
served without disciplinary incident until 5 January 1983, when
you received nonjudical punishment (NJP) for the illegal use of a
controlled substance (marijuana). Shortly thereafter, you
received the following NUJP’s: on 8 March 1983, for an
unauthorized absence; and on 11 March 1983, for the illegal use
of a controlled substance (marijuana). Therefore, you were
recommended for separation with an other than honorable (OTH)
discharge due to misconduct (drug abuse). You waived all of your
procedural rights, to include your right to an administrative
discharge board (ADB). The separation authority approved the
recommendation. On 27 May 1983, you were separated with an OTH
discharge and an RE-4 reenlistment code due to misconduct (drug
abuse} .
The Board,.-in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, claim that you have post traumatic stress disorder
(PTSD) and that you never received drug counseling.

Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of your offense of drug abuse. Moreover, you
waived your right to an ADB, your best opportunity for retention
or a better characterization of service. The Board also noted
that you provided no evidence to support your claim of having
PTSD, and there is no such evidence in your record. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.

It ig 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,

   

Executive

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