DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3268-13
3 March 2014
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 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.
You enlisted in the Marine Corps and began a period of active
duty on 1 February 1980. You served for over two years without
disciplinary incident, but during thé period ‘from 16 June to 14
October 1983, you received nonjudicial punishment (NUP) on two
occasions and were also convicted by summary court-martial (SCM).
Your offenses were two specifications of wrongful use of
Marijuana, two specifications of failure to obey a lawful ‘order
' (driving on a revoked license and wrongful: possession of drug
paraphernalia}, and driving while intoxicated. .
. Subsequently, you were notified of administrative separation by
reason of misconduct due to drug abuse. After consulting with
legal counsel, you elected to present your case to an
administrative discharge board (ADB). . On: 25 ‘November 1983 an ADB
recommended separation under other than honorable conditions by
reason of misconduct due to drug abuse. Shortly thereafter, on
28 December 1983, your commanding officer, in concurrence with
,
the ADB, also recommended separation under other than honorable
conditions by reason of misconduct due to drug abuse. On 3
January 1984 the discharge authority approved these
recommendations for separation and directed an other than
honorable discharge by reason of misconduct, and on 9 January
1984 you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct which
resulted in two NJPs and an SCM. 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 ene DK 7red
ROBERT D. ~Z2SALMAN
Acting Executive Director
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