DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015, COURTHOUSE ROAD, SUITE Loot
ARLINGTON, VA 22204-2490
SIN
Docket No: 902937-13
10 April 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 8 April 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 Reserve and began a period of
active duty for training on 23 May 1985, after receiving a waiver
for preservice drug use. On 25 October 1985, you were released
from active duty and transferred back to your reserve unit. The
Board found that on 8 March 1987, you were counseled regarding
not being at your appointed place of duty, and warned that
further incidents could result in administrative discharge
action. On 13 December 1987, you received nonjudicial punishment
(NUP) for wrongful use of cocaine. On 11 February 1990, you
received a second NUP for wrongful use of marijuana.
Additionally, you were counseled regarding repeated tardiness to
drills.. You were warned again that further misconduct could
- result in administrative discharge action. 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. The separation
authority concurred and directed an OTH discharge by reason of
misconduct due to drug abuse. On 24 June 1990, you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service accomplishments, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were _
not sufficient to warrant recharacterization of your discharge -
given your two NJP’s 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. 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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