DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 03534-12
27 February 2013
This ig 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 26 February 2013. 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 4 October 1983, and served
without disciplinary incident, until 17 September 1985, when you
received nonjudicial punishment (NUP) for wrongful use of a
controlled substance (marijuana). Shortly thereafter, on 25
September 1985, you received another NUP for a general order
violation. You were recommended for separation with an other
than honorable (OTH) discharge due to misconduct. You exercised
your right to consult with counsel and an administrative
discharge board (ADB). The ADB voted to separate you with a
general discharge. The separation authority approved the
recommendation and on 10 June 1986, you were separated with a
general discharge due to misconduct and an RE-4B (in service drug
abuse) reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board concluded these factors were
insufficient to warrant changing your characterization of service
because of the seriousness of your offenses. 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 offielal 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,
a Deane
W. DEAN PF
Executive D Oo
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