DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 6338-13
18 June 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 17 June 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Marine Corps on 16 October 1981 after more
than two years of prior honorable service. You received
nonjudicial punishment on two occasions for failure to obey a
lawful order and the wrongful use of marijuana. You also tested
positive twice in urinalyses for the wrongful use of marijuana
for which no disciplinary action was taken. You were then
notified that you were being administratively separated with an
other than honorable (OTH) characterization of service due to
misconduct (drug abuse). You waived your procedural right to an
administrative discharge board (ADB). You then entered a period
of unauthorized absence (UA) that lasted 190 days. When your UA
period ended, you requested an under conditions OTH discharge
for the good of the service to avoid trial by court-martial for
the period of UA totaling 190 days. At that time, you consulted
with qualified military counsel and acknowledged the adverse
consequences of receiving such a discharge. The separation
authority approved your request for an under conditions OTH
discharge. However, since your earlier administrative discharge
had been approved, on 12 February 1985, you were separated with
an under conditions OTH discharge for misconduct (drug abuse),
and assigned an RE-3B (in-service drug use) reenlistment code.
The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
youth, post service good conduct, desire to upgrade your
discharge, and remove the absent without leave (AWOL)
references. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge or remove the AWOL references due to your period
of UA that totaled more than three months and drug abuse. The
Board found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that no discharge is automatically
upgraded due merely to the passage of time or post service good
conduct. In view of the above, 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,
SS
ROBERT D. ZSALMAN
Acting Executive Director
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