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NAVY | BCNR | CY2011 | 04964-11
Original file (04964-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 4964-11
23 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 22 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

You reenlisted in the Marine Corps on 5 February 1982 after
more than three years of prior honorable service. You received
nonjudicial punishment on four occasions for failure to obey a
lawful order, violation of a general order (three
specifications), willfully disobeying a lawful order, and
wrongful use of marijuana. 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). You waived all of
your procedural rights, including your right to an
administrative discharge board (ADB). On 18 October 1983, you
received an OTH characterization of service due to misconduct
(drug abuse), 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, prior
honorable service, remorse, and current desire for veterans’
benefits. The Board concluded, however, that your discharge
should not be changed due to your misconduct and drug abuse.
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,

Weng

W. DEAN PFEIKF

Executive Dil te

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