DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
- 701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490.
TJR
Docket No: 1907-14
29 April 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 April 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. La -
You. enlisted in the-Marine Corps and began a period of active
duty on 17 November 1986. You served for about’ nine months
without disciplinary incident, but on 20 August 1987 you received
nonjudicial punishment (NUP) for wrongful use of cocaine. About
Six months later, on 29 February 1988, you were convicted by
summary court-martial (SCM) -of wrongful use of cocaine. Shortly
thereafter, you were notified of pending administrative
separation by reason of misconduct due to drug abuse at which
time you waived your procedural rights to consult with legal
counsel and to present your case ‘to an administrative discharge
board (ADB). - -
Subsequently, on 4 March 1988, your commanding officer
_ recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. on 1 April 1988 the
discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct, and on 12 April 1988 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertions of medical,
family, and personal problems. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your case
because of the seriousness of your repeated drug related
misconduct. Further, you were given an opportunity to defend
your actions, but waived your procedural rights. Accordingly,
your application has been denied.
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,
ye ed KI
ROBERT D. ZSALMAN
Acting Executive Director
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