DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 6400-13
23 July 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 22 July 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 14 July 1980. The Board found that during the period
from 1 June 1982 to 5 April 1983, you received three nonjudicial
punishments (NJP‘s) for disobedience, disrespect, using provoking
words, and two instances of wrongful use of marijuana, Based on
the information currently contained in your record,
administrative discharge action was initiated to separate you by
reason of misconduct due to wrongful drug use. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your case was
forwarded to the separation authority recommending that you
receive an under other than honorable (OTH) discharge by reason
of misconduct due to wrongful drug use. The separation authority
concurred and directed an OTH discharge by reason of misconduct
due to drug abuse. You were so discharged on 18 July 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, post service accomplishments, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NJP’s, two of which involved the wrongful use of
drugs. Finally, the Board noted that you waived the right to an
.ADB, your best opportunity for retention or a better
» characterization of,'service. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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