DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 00202-12
22 October 2012
This ig 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 17 October 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 after receiving a drug abuse
waiver and began a period of active duty on 21 May 1986. The
Boara found that on 30 March 1989, you received nonjudicial
punishment (NJP) for wrongful use of amphetamine/methamphetamine.
You received a reduction in paygrade and a forfeiture of pay. On
30 May 1989, you were convicted by summary court-martial (SCM) of
two specification of wrongful use of amphetamine/methamphetamine.
You were sentenced to a forfeiture of pay, a reduction in
paygrade, and confinement. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
wrongful drug use. You elected to consult counsel and have your
case heard before an administrative discharge board (ADB). On
6 October 1989, the ADB recommended separation with an other than
honorable (OTH) discharge by reason of misconduct due to drug
abuse. On 31 October 1989, your commanding general concurred
with the ADB‘s findings and directed an OTH discharge by reason
of misconduct due to drug abuse. On 17 November 1989 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that you did not receive proper medical
treatment. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NJP and SCM conviction of wrongful drug use, and the
fact that you received a drug waiver to join the Marine Corps.
With regard to your medical treatment, the record is unclear, but
it appears you may have been found to be dependent on drugs or
alcohol because there is a service record entry signed by you and
two witnesses, and that the provisions concerning treatment after
discharge at a Department of Veterans Affairs (DVA) hospital for
substance abuse problems were explained to you. The statement
further states that you understood that you would have to request
treatment in writing and had to agree to remain in the program
for a minimum of 30 days. Further, that if you needed treatment
after your discharge, you had to contact your local DVA
representative within 30 days of your separation. 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 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,
TW SSD - f@ 5
ROBERT D. SALMAN
Acting Executive Director
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