DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4979-13
15 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 7 May 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 2 April 1985 at age 19. On 15 June, you were convicted
by summary court-martial (SCM} of unauthorized absence from your
unit for a period of nine days, failure to go to your appointed
place of duty, insubordinate conduct toward a noncommissioned
‘officer, and making a false official statement. On 7 October
1987, you received nonjudicial punishment (NJP) for wrongful use
of marijuana, and conduct prejudicial to good order and
discipline. 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 24 December 1987, 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
of your discharge due to the seriousness of your misconduct that
resulted in an NJP and an SCM. The Board found that you waived
the right to an ADB, your best opportunity for retention or a
better characterization of service. Finally, no discharge is
upgraded merely because of the passage of time or an
individual's good behavior after discharge. 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,
TSS
a
ROBERT D. Z4SALMAN
Acting Executive Director
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