DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 100f
ARLINGTON, VA 22204-2490
TIR
Docket No: 4109-12
14 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 on 6 August 1980 and began a
period of active duty on 4 November 1980. You served without
Gisciplinary incident until 31 January 1984 when you received
nonjudicial punishment (NIP) for wrongful use of marijuana. The
punishment imposed was reduction to paygrade E-2, restriction and
extra duty for 21 days, anda $500 forfeiture of pay.
Subsequently, you wererprocessed for an administrative separation
by reason of misconduct due to drug abuse. After consulting with.
‘legal counsel, you elected to present your case to an .
administrative discharge board (ADB). On 19 April 1984 an ADB
recommended separation under other than honorable conditions by
reason of misconduct due to drug abuse. Your commanding officer,
in concurrence with the ADB, also recommended discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. On 22 May 1984 the discharge authority approved
these recommendations and on 8 June 1984, 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 the passage of time. Nevertheless, the
Board concluded these factors. were not sufficient to warrant
relief in your case because of the seriousness of your drug
related misconduct, which resulted in NUP. Finally, no discharge
is automatically upgraded due solely to an individual’s good post
service conduct or the passage of time. Accordingly, your
application has. been denied.
It is regretted that the circumstances of your cage 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. DE
Fxecutive D}
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