DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TR
Docket No: 3671-13
25 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 March 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 4 May 1981. You served for about four months without
disciplinary incident, biit during the period from 29 September
1981 to 19 March 1982 you received nonjudicial:- punishment (NJP)
on four occasions for two. specifications of wrongful possession.
of marijuana, wrongful possession of drug paraphernalia, wrongful .
possession of ammunition, failure. to go to your appointed place
of duty, and breaking restriction.: -— .
Subsequently, you were processed: for an administrative separation
by reason of misconduct due to: drug abuse. After.waiving. your
procedural rights, -your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 1 September 1982 the discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason' of misconduct, and on 24
September .1982, 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 discharge and assertion that you
should not have been discharged for wrongful possession of such a
small amount of marijuana. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct which resulted in four NUP... Further, you were given
an opportunity to defend your actions, “but waived your procedural
right. Finally, there is no evidence in the record, and you
submitted none, to support your assertion. 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,
© Eee Fe
ROBERT D. ZSALMAN ;
Acting Executive Director
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