DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4071-13
26 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 21 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 21 July 1982 at age 18. You received nonjudicial
. punishment (NUP) on two occasions for insubordinate conduct
‘toward a noncommissioned officer and wrongful use of marijuana.
-You were placed in the Naval Drug. Rehabilitation Center, -
Miramar, California, for 30 days of treatment. You completed
treatment. and returned to your command on 5 September 1985.
On 19 September 1995, you received NUP for wrongful use of |
Marijuana. Based on the information currently contained your
record it appears. that you were notified of pending.
administrative discharge. processing with an other than honorable
{OTH) discharge due to misconduct. (drug abuse). After
consulting with legal counsel, you elected: to present: your case
to an administrative discharge board ..(ADB). The ADB found that
you committed misconduct and recommended that you be separated.
with an OTH discharge. The separation authority agreed with the
finding and recommendation of the ADB and directed your
commanding officer to issue you an OTH discharge by reason of
misconduct due to drug abuse and on 2 December aia you were so
discharged.
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
of your discharge given’ the seriousness of your misconduct that
resulted in three NJPs. Finally, there is no provision of law
or in Marine Corps regulations that allows for
recharacterization of service due solely to the passage of time.
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. —
NO ea
ROBERT D, ZSALMAN -
Acting Executive Director
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