DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3857-13
21 March 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 19 March 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 12 November 1981 at age 18. On 8 July 1983, you
received nonjudicial punishment (NUP) for wrongful use of
marijuana. On 6 July 1983, you tested positive for wrongful use
of marijuana as a result of a surveillance urinalysis. On
il January 1984, you tested positive for wrongful use of
marijuana as a result of a command: directed urinalysis. on
‘13 February 1984, you received NUP for unauthorized absence from
your unit for a period of five days. You were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. On 14 March 1984, you were
notified of pending administrative discharge processing with an
other. than honorable (OTH) discharge due to misconduct (drug |
abuse) . . You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On
10 April 1984, the separation authority directed an OTH
discharge with veteran’s administration rehabilitation treatment
prior to discharge. On 13 July 1984, after completion of 30
days rehabilitation treatment you received the OTH discharge for
misconduct (drug abuse).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
ef your discharge given the seriousness of your misconduct that
resulted in two NJPs and drug abuse. Finally, the Board found
that you waived the right to an ADB, your best opportunity 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,
cennatite” Gnaneen
ROBERT D. ZSALMAN
Acting Executive Director
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