DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE-1001
_ ARLINGTON, VA 22204-2480
BJG
Docket No: 8229-13
5 September 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 4 September 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. In addition, the Board considered the
report of the Naval Discharge Review Board, dated 26 April 1991,
a copy of which is 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 enlisted in the Marine Corps and began a period of active
duty on 5 March 1981. You received nonjudicial punishment. for
the wrongful use of marijuana. You also tested positive six
times in urinalyses for the wrongful use of marijuana for which
no disciplinary action was taken. You were then advised that
your command was processing you for administrative separation
with an other than honorable (OTH) characterization of service
due to misconduct (drug abuse}. You waived your procedural
right to have your case heard by an administrative discharge
board (ADB). On 15 August 1984, you received the OTH
characterization of service 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
considered all potentially mitigating factors, such as your
youth, post service good conduct, and current desire to upgrade
your discharge. The Board concluded, however, 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 based
merely on 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.
Tt 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,
ROBERT J. O’NEILL
Executive Director |
Enclosure
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