DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 3792-12
314 March 2013
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 12 March 2013. 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 enlisted in the Marine Corps and immediately began a period
of active duty on 28 July 1981. You served without disciplinary
incident until 3 July 1981 when you received nonjudicial
punishment (NJP) for absence from your appointed place of duty.
During the period from 6 April to 20 June 1983 you were convicted
by summary court-martial of two specifications of disrespect and
disobedience, and received NUP on two more occasions for two
specifications of breaking restriction and wrongful use of
marijuana.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural right to consult with legal counsel and to present
your case to an administrative discharge board (ADB), your
“commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of |
misconduct and drug abuse. The discharge authority approved this
recommendation and on 21 June 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 desire to change the characterization of your other than
honorable discharge and assertion that you were offered a.
Gischarge based on an early out program. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your repetitive
misconduct, which included drug abuse and resulted in SCM and
three NJOPs. Finally, there is no evidence in the record, and you
provided none, to support your assertion. 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,
W. DEAN \S IBFE
Executive Di
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