DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RCGAD, SUITE 1001
- - ARLINGTON, VA 22204-2490
SUN
Docket No: 02265-13
12 February 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 11 February 2014. 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 2 July 1980. The Board found that on 21 March 1981, you
were convicted by summary court-martial (SCM) of wrongful
appropriation of a field jacket. On 29 December 1982, you
received nonjudicial punishment (NJP) for wrongful use of ~
hashish. On 29 January 1983, you received a second NUP for
dereliction of duty. Subsequently, administrative discharge
action was initiated by reason of misconduct due to wrongful drug
use. 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 17 June 1983, the separation authority
concurred and directed an OTH discharge by reason of misconduct
due to drug abuse. You were so discharged on 21 June 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your SCM conviction and two NJP’s, one of which was for
wrongful drug use. Finally, the Board noted that you waived the
right to an ADB, your best chance for retention or a better
characterization of service. With regard to your social security
number (SSN) being incorrect, there is no evidence in the record
‘to support it, and you submitted no such evidence. A review of
yyour record shows that your SSN beginning with 294 was consistent
throughout your service, including portions of your enlistment
_ documents signed by you. 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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