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NAVY | BCNR | CY2013 | NR1879-13
Original file (NR1879-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O?t S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 1879-13
29 January 2014

 

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 28 January 2014. Your allegations cf 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.

On 30 November 1982, you reenlisted in the Marine Corps after
serving over three years of honorable service. The Board found
that on 10 May 1983, you received nonjudicial punishment (NUP)
for unauthorized absence. On 8 October 1983, your name was
mentioned in a Naval Investigative Service (NIS) investigation
involving illegal possession with intent to sell, distribute,
sale, and transfer of marijuana while stationed in Okinawa,
Japan. Subsequently, on 9 March 1984, administrative discharge
action was initiated by reason of misconduct due to drug abuse.
You elected to consult with legal counsel and subsequently
requested an administrative discharge board (ADB).

On 21 March 1984, the commanding officer (CO) forwarded your case
to the commanding general recommending separation. On 17 April
1984, an ADB found that you had committed misconduct due to drug
abuse, and recommended discharge under other than honorable (OTH)
conditions. On 7 May 1984, the separation authority directed an
OTH discharge by reason of misconduct due to drug abuse. On

27 September 1984 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NJP, and wrongful drug involvement. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.

The Board believes that you may be eligible for veterans’
benefits that accrued during your first period of service.
Whether or not you are eligible for benefits based on either
period of service is a matter under the cognizance of the
Department of Veterans Affairs ({DVA). If you have been denied
benefits, you should appeal that denial under procedures
established by the DVA.

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,

TR GD |
ROBERT AL

Acting Executive Director

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