DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TOR
Docket No: 12523-11
4 October 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 2 October 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 3 September 1980 at age 17
and immediately began a period of active duty. You served for
about seven months without disciplinary incident, but on 19 May
and again on 20 August 1981, you received nonjudicial punishment
(NTP) for absence from your appointed place of duty and failure
to obey a lawful order.
On 18 March 1982 you were convicted by summary court-martial
(SCM) of disobedience and disrespect. About four months later,
on 21 July 1982, you received your third NJP for wrongful
possession of marijuana. Shortly thereafter, you were counselled
regarding the seriousness of illegal drug use and possession.
You were warned that such offenses warranted NUP, administrative
separation, denial of base privileges, withdrawal of off-base
living, eviction of government family housing, and civil arrest.
On 2 August 1982 you were notified of pending administrative
separation by reason of misconduct due to frequent involvement of
a discreditable nature with military authorities. At that time
you waived your right to consult with legal counsel and to
present your case to an administrative discharge board (ADB).
Subsequently, 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. The discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct and on 26 August 1982 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, desire to upgrade your discharge, and the passage of
time. 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 three NUJPs, counselling, and an SCM; and included
drug abuse. Further, you were given an opportunity to defend
your actions, but waived your procedural right to present your
case to an ADB. Finally, no discharge is automatically upgraded
due solely to the passage of time. 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,
Ly. Dor G den!
W. DEAN ELF
Executive Dite
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