DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 6681-13
30 duly 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 29 July 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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 comscientious 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 27 October 1980. The Board found that on 28 November
1980, you received nonjudicial punishment (NUP) for two instances
of disobedience. On 30 July 1981 and 13 January 1982, you were
counseled regarding you unsatisfactory conduct, performance,
unauthorized absence, and the Marine Corps’ policy regarding
wrongful drug use, On 18 August 1982 and 9 May 1984, you
received NJP for wrongful possession of marijuana and drug
paraphernalia. Subsequently, administrative discharge action was
initiated by reason of misconduct due to drug abuse. 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 recommending that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. On 21
June 1984, the separation authority concurred and directed an OTH
discharge by reason of misconduct due to drug abuse. You were so
discharged on 23 August 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and letter from the Department of Veterans Affairs
{DVA). 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 possession
of marijuana and drug paraphernalia, and the fact that you were
briefed on the Marine Corps' policy regarding drug abuse. The
Board noted that you waived the right to an ADB, your best chance
for retention or a better characterization of service. Finaily,
the DVA upgraded your discharge status to “Honorable” in order
for you to receive benefits only. This does not change or
upgrade your original 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,
‘ er OC Aan
ROBERT D. ZSALMAN
Acting Executive Director
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