DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 5564-13
30 May 2014
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 28 May 2014. 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 and began a period of active
duty on 16 July 1981. You served for about a year without
disciplinary incident, but during the period from 27 July 1982 to
22 December: 1983, you received nonjudicial punishment (NJP) on
five occasions and were: convicted by summary court-martial (SCM).
Your offenses were two periods: of.unauthorized absence (UA)
totalling four days, six specifications of wrongful possession
and use of marijuana, and failure to. go to. yOUr appointed piace
of duty. . .
Subsequently, you were notified: of. pending administrative
separation by reason of misconduct due. to drug abuse at which
time you waived your procedural rights 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
drug abuse. The discharge authority approved this recommendation
and directed separation under other than honorable conditions by
reason. of misconduct, and on 2 March 1984 you were sco discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as ©
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your repeated drug related misconduct which
resulted in five NJPs and an SCM. Further, you were given an
opportunity to defend your actions, but waived your procedural
. rights. Accordingly, your application has been denied.
Be advised that Board regulations state that personal appearances
before the Board are not granted as a right, but only when the
Board determines that such an appearance will serve a useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of record.
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,
(Se RRS ER
ROBERT D. Z4SALMAN
Acting Executive Director
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