DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6759-13
29 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 applicabie 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 27 October 1986 at age 26. On 16 October 1987, you
received nonjudicial punishment (NUP) for wrongful use of
cocaine and marijuana. You were placed in the Urinary
Surveillance Program. On 20 January 1988, you again tested
positive for wrongful use of cocaine. On 11 March 1988, you
were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
(drug abuse). You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
An ADB found that you had committed misconduct and recommended
that you be discharged under OTH conditions due to misconduct
(drug abuse). On 26 April 1988, the separation authority
directed an OTH discharge by reason of misconduct due to drug
abuse. On 6 May 1988 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an NJP and continued drug use. Finally, there is no
provision of law or in Marine Corps regulations that allows for
recharacterization of service due solely to the passage of time
‘Or an individual's good behavior after discharge. Accordingly,
your application has been denied. The names and votes of the
members of the pariel 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,
ineeneccaeeen
ROBERT D. “4SALMAN
Acting Executive Director
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