DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 00541-12
24 October 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 23. Octeber 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 waiver for
fraudulent entry when it was discovered that you did not disclose
your pre-service wrongful marijuana use, and began a period of
active duty on 21 June 1982. The Board found that on 9 November
1983 and 14 January 1986, you received nonjudicial punishment
(NJP) for disobedience (detonating a smoke bomb in the barracks)
and wrongful use of a controlled substance. On 6 May 1986, you
were convicted by summary court-martial (SCM) of wrongful
possession or use of a controlled substance (specific details
were not found in your record). Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug abuse. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your case was forwarded recommending that you be
Gischarged under other than honorable (OTH) conditions by reason
of misconduct. On 20 May 1986, the separation authority
concurred and directed an OTH discharge by reason of misconduct
due to drug abuse. You were so discharged on 21 May 1986.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NUP’S, one of
which was for wrongful drug use, and SCM conviction of wrongful
@rug involvement. Finally, the Board noted that you waived the
right to an ADB, your best chance for retention or a better
characterization of service. 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,
\ ix oS é ; aS.
ROBERT D>—ZSALMAN
Acting Executive Director
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