DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7o1 S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490
SIN
Docket No: 6690-13
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.
AB 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 7 July 1982. The Board found that on 8 March 1983, you
were convicted by summary court-martial (SCM) of wrongful
possession of marijuana. You were sentenced to a reduction in
paygrade, confinement at hard labor, and a forfeiture of pay.
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 @Qischarge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. On 12 April 1983, your
case was found to be sufficient in law and fact. The separation
authority concurred and directed an OTH discharge by reason of
misconduct due to drug abuse. You were so discharged on 20 April
1983.
The Board, in its review of your application, carefully weighed
__all potentially mitigating factors, such as your record of
Service, desire to upgrade your discharge and belief that your
characterization of service would automatically change six months
after your discharge. Nevertheless, the Board concluded these
Factors were not sufficient to warrant recharacterization of your
discharge given your SCM conviction of wrongful drug possession.
The Board noted that you waived the right to an ADB, your best
chance for retention or a better characterization of service.
Finally, you are advised that there is no provision of law or in
Marine Corps regulations that allows for recharacterization of a
discharge automatically after six months or due solely to the
passage of time. 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,
TT SS. ——
ROBERT D.“ZSALMAN
Acting Executive Director
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