DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
BAN
Docket No: 08892-12
24 October 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 17 October 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 9 December 1980, and served
without disciplinary incident, until 16 April 1984, when you
received nonjudicial punishment (NJP) for unauthorized absence
(UA) and wrongful use of a controlled substance (cocaine).
Shortly thereafter, on 17 May 1984, you received another NJP for
two specifications of UA totaling seven days. You were
recommended for separation with an other than honorable (OTH)
discharge due to misconduct (drug abuse). You waived your right
to consult with counsel and to an administrative discharge board
(ADB). The separation authority approved the recommendation and
on 5 June 1984, you were separated with an OTH discharge due to
misconduct (drug abuse) and an RE-3B reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board concluded these
factors were insufficient to warrant changing your
characterization of service for separation because of the
seriousness of your offense (drug abuse) and other misconduct.
The Board noted you waived your right to an ADB, your best
opportunity 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 Ln usties..
Sincerely,
laos ;
Ww. TEA,
Executive DrreQgto
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