DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 6158-12
18 April 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 16 April 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 29 May 1981 and immediately
began a period of active duty. You served without disciplinary
incident until 9 March 1982 when you received nonjudicial
punishment (NUP) for wrongful use of marijuana. The punishment
imposed was reduction to paygrade E-1, correctional custody for
30 days, and a $300 forfeiture of pay.
On 6 January 1983 you received NJP for wrongful possession of
cocaine and were awarded a $272 forfeiture of pay and
correctional custody for 30 days. Subsequently, you were
processed for an administrative separation by reason of
inigconduct due to drug abuse. After waiving your procedural
rights to consult with legal counsel and to present your case to
an administrative discharge board, on 11 February 1983, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 16 March 1983 the discharge authority approved this
recommendation and on 18 March 1983, you weré so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, 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
two NUPs and your discharge. 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 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,
TRS Ge
ROBERT D. ZSALMAN
Acting Executive Director
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