DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUIR
Docket No: 12541-11
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 reenlisted in the Marine Corps on 26 March 1980 after nearly
three years of prior service. About a year later, on 3 March
1981, you received nonjudicial punishment (NUP) for wrongful
observation of a female using a women’s facility. You again
received NUP on 23 June 1982 for failure to go to your appointed
place of duty and misbehavior as a sentinel.
On 20 January 1983 you were convicted by summary court-martial
(SCM) of wrongful possession of drug paraphernalia and marijuana.
You were sentenced to reduction to paygrade E-4 and a $284
forfeiture of pay. Subsequently, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. After consulting with legal counsel you elected your
right to present your case to an administrative discharge board
(ADB). On 20 July 1983 an ADB recommended separation under other
than honorable conditions by reason of misconduct due to drug
abuse. Your commanding officer, in concurrence with the ADB,
also recommended discharge under other than honorable conditions
by reason of misconduct due to drug abuse. On 18 August 1983 the
discharge authority approved these recommendations and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct, and on 26 August 1983, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of prior satisfactory service, desire to upgrade your
discharge, post service conduct, 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 two NUPs and an SCM, and included continuous drug
abuse. Finally, no discharge is automatically upgraded due
solely to an individual’s good post service conduct or 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 Rred
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