DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 6685-13
30 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 29 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 29 January 1985. The Board found that on 20 June 1985,
you received nonjudicial punishment (NJP) for urinating on a wall
locker. You received a forfeiture of pay and restriction. On
25 November 1985, you signed a service record entry stating that
you understood the Marine Corps’ policy regarding drug and
alcohol abuse. On 27 February 1986, you received NUP for
wrongful use of marijuana. On 16 September 1986, you were
counseled and warned that further misconduct could resvit in
administrative discharge action. On 22 February 1988, you
received your third NIP for failing to go to your appointed place
of duty. You received restriction, extra duty, and were again
warned that further misconduct could result in administrative
discharge action. On 25 March 1988, you received your fourth NJP
for unauthorized absence and being incapacitated for the proper
performance of your duties. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
wrongful drug use and minor disciplinary infractions. 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 20
May 1988, the separation authority concurred and directed an OTH
discharge by reason of misconduct due to drug abuse. You were so
discharged on 24 June 1988.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NJP’s, one
of which was for wrongful drug use, and the fact that you were
briefed on the Marine Corps’ policy regarding drug and alcohol
abuse. Finally, the Board noted that you waived the right to an
ADB, your best chance 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,
WQS. Fan
ROBERT D. ZSALMAN
Acting Executive Director
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