DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
“ARLINGTON, VA 22204-2490
TAL
Docket No: 5386-13
21 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 14 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 reenlisted in the Marine Corps on 17 October 1980 after more
than three years of prior honorable service. On 15 August 1983,
you received nonjudicial punishment (NJP) for five instances of
failure to obey a lawful regulation, and larceny of government
property. On 19 August 1983 you were counseled after testing
positive for the wrongful use of marijuana in a random
urinalysis. You were advised that you were being processed for
an expeditious discharge. On 9 September 1983, you received NJP
for wrongful use of marijuana. Based on the information
currently contained in your record it appears that you were
subsequently involuntarily processed for separation by reason of
misconduct (drug abuse). In connection with this processing,
you would have acknowledged the separation action and the
separation authority would have approved a recommendation for
separation. The record clearly shows that on 14 December 1983,
you were discharged with an other than honorable (OTH)
separation due to misconduct (drug abuse).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change of your
characterization given the seriousness of your misconduct that
.resulted in two NUPs. 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,
TN LD, iS
ROBERT D. ZSALMAN
Acting Executive Director
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