DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8958-13
3 October 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 24 September 2014. The names and votes of the
members of the panel will be furnished upon request. 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 5 November 1984 at age 24. On 18 April 1985, you
received nonjudicial punishment (NJP) for failure to obey a
lawful regulation. On 9 September 1985, you tested positive for
the wrongful use of marijuana. On 28 April 1986, 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) .
The ADB found that you had committed misconduct and recommended
that you be discharged under OTH conditions due to misconduct
(drug abuse). On 15 July 1986, the separation authority
directed an OTH discharge by reason of misconduct due to drug
abuse. On 28 August 1986 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 NUP and drug use. Finally, there is no provision
of law or in Marine ,orps regulations that allows for
kecharacterization. Gf service due solely to the passage of time
‘or an individual’ s:. good behavior after discharge. Accordingly,
your application has" been denied.
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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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
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