DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
BJG
Docket No: 6625-13
17 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 16 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Marine Corps on 1 January 1980 after more
than three years of prior honorable service. You received
nonjudicial punishment for failure to go to your appointed place
of duty. During January 1982, you were counseled regarding
suspected drug abuse. During April 1983, you tested positive
for the wrongful use of marijuana in a urinalysis. You were
then advised that your command was administratively separating
you 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). On
7 October 1983, you received an OTH characterization of service:
discharge due to misconduct (drug abuse), and were assigned an
RE-3B (in-service drug use) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, post service good conduct, and current desire
to upgrade your discharge so you can obtain veterans’ benefits.
However, the Board concluded that your discharge should not be
changed due to your drug abuse. The Board noted that you waived
the right to an ADB,. your best opportunity for retention or a
i better characterization of service. You are advised that no
-digscharge is upgraded autgmatically due solely 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,
TSS om
ROBERT D. ZSALMAN
Acting Executive Director
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