DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Decket No: 3159-13
3 March 2014
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 February 2014. 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. — oe
Prior to your entry into the Marine Corps Reserve, you signed an
enlistment contract in which you were advised that you “must”
perform at least 90 percent of your assigned drills.
On 9 May 1984 you were granted an enlistment waiver for your pre-
Service drug use. As such, on 10 July 1984, ‘you enlisted in the
Marine Corps Reserve and began a period of active duty for
training. On 7 January 1985 you were honorably released from
active duty for training.
' Your record contains documentation which reflects you were.
counselled for your repeated nonparticipation in assigned drills,
Specifically, you were absent from drills on numerous occasions
during the period from July 1985 to April 1986.: In accordance
with the foregoing you failed to-meet the requirements of your
contract as stipulated above.
On 13 May 1986 a drug and alcohol report stated that your urine
sample tested positive for the wrongful use of controlled
substances. On 1 June 1986 you were referred for a medical
evaluation to determine your fitness for duty. The medical
report stated that you were under the influence of some
substance, believed to be illegal drugs. At that time you were
found to be unfit for further duty and recommended for an
administrative separation.
As a result of the foregoing, you were notified, by certified
and/or registered mail, of pending administrative separation
action by reason of unsatisfactory participation and misconduct
due to drug abuse. Subsequently, your commanding officer —-
recommended discharge under other than honorable conditions due
to unsatisfactory participation as evidenced by your
nonparticipation in assigned drills and misconduct due to drug
abuse. The discharge authority approved this recommendation and
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct due to drug abuse,
and on 30 September 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your other than honorable discharge and
assertion that you were drugged. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your failure to
satisfactorily participate in the Marine Corps Reserve and drug |
abuse. Further, in the absence of any evidence that your failure
to attend active duty was excused, and as such was in error, the
Board concluded that sufficient evidence existed to support the
discharge authority's decision, Finally, there is no evidence in
the record, and you submitted none, to support your assertion of
being drugged. 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,
TVR pede 8. eas
ROBERT D. ALMAN
Acting Executive Director
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