DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 04019-13
1 May 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 30 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 and began a period of active
duty on 22 August 1983. The Board found that during the period
from 23 January 1984 to 29 March 1985, you received three
nonjudicial punishments (NUJP’s) for eight instances of
disobedience, two instances of being absent from your appointed
place of duty, and wrongful possession and use of marijuana.
Additionally, you were counseled and warned after your first NP,
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.
On 16 July 1985, you received a fourth NUP for wrongful
possession and use of marijuana. The separation authority
concurred with your commanding officer and directed an OTH
discharge by reason of misconduct due to drug use. You were so
discharged on 29 July 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your four NJP‘s, two of which were for wrongful drug use,
and the fact that *you were counseled regarding the consequences
of further misconduct along with 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,
ee D,
ROBERT D.~a2SALMAN
Acting Executive Director
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