DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN |
Docket No: 04888-12
27 March 2013
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 26 March 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 and began a period of active
duty on 11 January 1984. The Board found that on 20 February and
25 July 1986, you received nonjudicial punishment (NJP) for two
instances of wrongful use of marijuana and seven periods of
unauthorized absence (UA) totaling 10 days. On 17 July 1986, you
began a period of UA that at lasted nine days, ending on 10
August 1986. Additionally, an administrative remarks page dated
19 August 1985, states, in part, that during your UA status, you
were apprehended by civil authorities and charged with attempted
murder. At that time, you were released to military authorities
pending charges. On 18 September 1986, you were convicted by
special court-martial (SPCM) of 10 days of UA and wrongful use of
cocaine. You were found guilty of the period of UA and not
guilty to the wrongful use of cocaine. You were sentenced to
confinement and a forfeiture of pay. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to drug abuse based on your two NJP’S involving
the wrongful use of marijuana. 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. On 9 October 1986,
the discharge authority concurred and directed an OTH discharge
by reason of misconduct due to drug abuse. You were so
discharged on 24 October 1986.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, desire to change your characterization of service and
reason for discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge or changing the reason for your discharge given your
two NJP’s for wrongful drug use and SPCM conviction. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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