DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 4116-11
10 February 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 7 February 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 25 May 1983 at age 19 and
began a period of active duty on 20 September 1983. You served
without disciplinary incident until 10 October 1984, when you
received nonjudicial punishment (NUP) for failure to obey a
lawful order. About a year later, on 2 October 1985, you
received NJP for wrongful use of cocaine and were awarded a $694
forfeiture of pay, restriction and extra duty for 45 days, and
reduction to paygrade E-2.
Subsequently, on 23 October 1985, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 14 November 1985 your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 25
November 1985 the discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct and on 18 December 1985 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your drug related
misconduct which was contrary to the Navy’s “zero tolerance”
policy. Further, you were given an opportunity to defend your
actions, but waived your procedural right to present your case to
an ADB. 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,
Qe
e oO
Executive
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