DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 00936-12
3 December 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 29 November 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
Co establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 1 October 1980. The Board found that during the period
from 14 October 1980 to 5 January 1983, you received four
nonjudicial punishments (NJP’s) for three periods of unauthorized
absence (UA) totaling 45 days, leaving your appointed place of
duty, and wrongful use of a controlled substance. On 7 and 10
January 1983, you were counseled and warned that further
misconduct could result in administrative discharge action.
Despite the warnings, you received NUP for two periods of UA on 8
and 24 March 1983. 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 discharged under
other than honorable (OTH) conditions by reason of misconduct.
The separation authority concurred and directed an OTH discharge
by reason of misconduct due to drug abuse. On 25 April 1983, you
were so discharged.
i
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your six NUJP’s, one of which was for drug abuse and the
fact that you were warned on more than one occasion of the
consequences of further misconduct. Further, 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,
BRIAN J. GEORGE
Head, Discharge Section
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