DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 4095-11
23 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 18 January 2012. 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 14 June 1978 at age 17 and
began a period of active duty 29 September 1978. You served for
about a year and eight months without disciplinary incident.
However, during the period from 21 May 1980 to 6 July 1982 you
received nonjudicial punishment (NJP) on five occasions for
wrongful possession of marijuana, three periods of unauthorized
absence (UA) totalling six days, and three periods of absence
from your appointed place of duty.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities and a drug abuse.
After waiving your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board (ADB), on 30 August 1982, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities and drug abuse.
The discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct and on 13 September 1982, you were so discharged and
assigned an RE-4 reenlistment code.
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 the
characterization of your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct, which resulted in five NUPs.
Finally, no discharge is automatically upgraded and/or changed
due solely to the passage of time or an individual’s good post
service conduct. 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,
La QesieQ.00 |
W. DEAN PF R
Executive DWetctor’
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