DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4340-11
8 February 2012
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 2 February 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 enlisted in the Marine Corps and began a period of active
duty on 30 June 1980 at age 19. You received nonjudicial
punishment (NJP) on four occasions for failure to obey a lawful
order, wrongful appropriation of a government vehicle and two
instances of wrongful use of marijuana. You were counseled on
several occasions regarding your misconduct and warned that
further offenses could result in administrative separation. You
were placed on the urinalysis surveillance program and the Unit
Education Program. 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 (drug abuse). Based on the information currently
contained in your record it appears that you elected to consult
with legal counsel and subsequently requested an administrative
discharge board (ADB). An ADB found that you had committed
misconduct and recommended that you be discharged under OTH
conditions due to misconduct (drug abuse). On 29 March 1983,
the separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 5 April 1983 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NJPs. Finally, there is no provision of law or
in Navy regulations that allows for recharacterization of
service due solely to the passage of time. 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 efficial records.
Consequently, when applying for a correction of an efticial
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\S
W. DEAN P
Executive Director
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