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NAVY | BCNR | CY2013 | NR6635 13
Original file (NR6635 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 §. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490 -

 

BUG
Docket No: 6635-13

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: The Board also considered the two
reports of the Naval Discharge Review Board, dated 16 January
1985 and 9 April 1992, copies of which are attached.

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 11 August 1981 after more
“than seven years of prior honorable service. You received
nonjudicial punishment for failure to go to your appointed place
of duty. You were also assigned to the weight control program
and tested positive in three urinalyses for the wrongful use of
marijuana. 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 29 November 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, remorse, post service good conduct, and
current desire to upgrade your discharge. 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 better
‘characterization of service. You are advised that no discharge
is upgraded automatically 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.

a |

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,
eee are nee

ROBERT D. Z2SALMAN
Acting Executive Director

Enclosures

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