DEPARTMENT OF THE NAVY
SOARD FOR CORRECTK OF NAVAL = ctO
701 S
OR CORRECTION C RECORDS
- COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 474-13
24 October 2013
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 16 October 2013. 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 on 1 August 1979 and began a
period of active duty. You served for about seven months without
disciplinary incident, but on 25 March 1980 you were convicted by
summary court-martial (SCM) of wrongful use of marijuana, absence
from your appointed place of duty, failure to go to your
appointed place of duty, disrespect, and dereliction of duty.
On 8 April 1982 you received nonjudicial punishment (NJP) for
wrongful use of marijuana and failure to obey a lawful order.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After waiving
your procedural right to consult with legal counsel and to
present your case to an administrative discharge board (ADB),
your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
The discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
‘misconduct, and on 11 June 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 the passage of time.
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 NJP and an SCM, and included repeated drug abuse.
Further, you were given an opportunity to defend your actions,
but waived your procedural right to present your case to an ADB.
Finally, no discharge is automatically upgraded due solely to the
passage of time. 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,
WD Duy
W. DEAN PFEIEFFE
Executive Di
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